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/ 


CONSTITUTION 


OF THE 

UNITED STATES OF AMERICA, 

2 ^! y 

fROPOSED BY THE CONVENTION 

HELD AT PHILADELPHIA, SEPTEMBER 17, 1787, AND SINCE RATIFIED BY 

THE SEVERAL STATES; 

WITH THE AMENDMENTS THERETO: 

TO WHICH ARE ADDED 


STANDING RULES AND ORDERS 


0.5. 


FOR CONDUCTING BUSINESS IN THE 


HOUSE OF REPRESENTATIVES OF THE UNITED STATES, 

AND 


THE RULES OF THE SENATE. 

/ 


PRINTED FOR THE USE OF THE HOUSE OF REPRESENTATIVES. 


•» , 

) ■» 

> > > 

■> . 'i 

WASHINGTON: 

ROBERT ARMSTRONG, PRINTER. 


1852 . 








-IT 


1 ^ 52 - 


iUN 20 


LC Control Number 



tmp96 027249 


THE 


CONSTITUTION 



THE UNITED STATES OF AMERICA. 







CONSTITUTION. 


WE, the people of the United States, in order to 
form a more perfect union, establish justice, in¬ 
sure domestic tranquillity, provide for the com¬ 
mon defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this^Con- 
stitution for the United States of America. 

ARTICLE I. 

SECTION I. 

All legislative powers herein granted shall be 
vested in a Congress of the United States, which 
shall consist of a Senate and House of Represent¬ 
atives. 

SECTION II. 

The House of Representatives shall be com¬ 
posed of members chosen every second year by 
the people of the several States, and the electors 
in each State shall have the qualifications requisite 
for electors of the most numerous branch of the 
State legislature. 

No person shall be a Representative who shall 
not have attained the age of twenty-five years. 


Preamble. 


Congress. 


Representa¬ 
tives, how 
chosen. 


Qualification 
of representa¬ 
tives. 



6 


CONSTITUTIOX. 


ARTICLE I. 


Apportion¬ 
ment of rep¬ 
resentatives 
and direct 
taxes. 


Census every 
ten years. 


Vacancies, 
how filled. 


and have been seven years a citizen of the United 
States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be 
chosen. 

Representatives and direct taxes shall be ap¬ 
portioned among the several States which may 
be included within this Union, according to their 
respective numbers, which shall be determined 
by adding to the whole number of free persons, 
including those bound to service for a term of 
years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumera¬ 
tion shall be made within three years after the 
first meeting of the Congress of the United States, 
and within every subsequent term of ten years, 
in such manner as they shall by law direct. The 
number of Representatives shall not exceed one 
for every thirty thousand, but each State shall 
have at least one Representative; and until such 
enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Mas¬ 
sachusetts eight, Rhode Island and Providence Plan¬ 
tations one, Connecticut five. New York six. New 
Jersey four, Pen7isylvania eight, Delaware one, 
Maryland six, Virginia ten. North Carolina five, 
South Carolina five, and Georgia three. 

When vacancies happen in the representation 
from any State, the executive authority thereof 
shall issue writs of election to fill such vacancies. 


ARTICLE I, 


CONSTITUTION* 


7 


The House of Representatives shall choose Represema- 

lives choose 

their Speaker and other officers; and shall have 

the sole power of impeachment. peachmems. 


SECTION III. 


The Senate of the United States shall be com- senate, how 

chosen. 


posed of two Senators from each State, chosen by 
the legislature thereof, for six years; and each 
Senator shall have one vote. 

Immediately after they shall be assembled in 
consequence of the first election, they shall be 
divided as equally as may be into three classes. 
The seats of the Senators of the first class shall 
be vacated at the expiration of the second year; 
of the second class at the expiration of the fourth 
year; and of the third class at the expiration of 
the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen by 
resignation or otherwise, during the recess of the 
legislature of any State, the executive thereof 
may make temporary appointments until the next 
meeting of the legislature, which shall then fill 
such vacancies. 


Senators 

classed. 


Vacancies, 
how filled. 


No person shall be a Senator who shall not Qualification 

T *11 r* 1 • 11 of Senators. 

have attained to the age of thirty years, and been 

nine years a citizen of the United States, and 

who shall not, when elected, be an inhabitant of 

that State for which he shall be chosen. 

The Vice President of the United States shall vice Presi¬ 
dent to pre- 

be President of the Senate, but shall have no 
vote unless they be equally divided. 


8 


CONSTITUTION. 


ARTICLE 


Officers of 
Senate. 


Trial of im¬ 
peachments. 


Judgment in 

iinpeach- 

mcnts. 


Effect of. 


Elections, 
when and 
how held. 


Congress as¬ 
semble an¬ 
nually. 


The Senate shall choose their other officers, 
and also a President pro tempore^ in the absence of 
the Vice President, or when he shall exercise the 
office of President of the United States. 

The Senate shall have the sole power to try 
all impeachments. When sitting for that pur¬ 
pose, they shall be on oath or affirmation. When 
the President of the United States is tried, the 
Chief Justice shall preside: and no person shall 
be convicted without the concurrence of two- 
thirds of the members present. 

Judgment in cases of impeachment shall not 
extend further than to removal from office, and 
disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States: 
but the party convicted shall nevertheless be 
liable and subject to indictment, trial, judgment 
and punishment, according to law. 

SECTION IV. 

The times, places, and manner of holding elec¬ 
tions for Senators and Representatives, shall be 
prescribed in each State by the legislature thereof; 
but the Congress may at any time, by law, make 
or alter such regulations, except as to the places 
of choosing Senators. 

The Congress shall assemble at least once in 
every year, and such meeting shall be on the 
first Monday in December, unless they shall by 
law appoint a different day. 


ARTICLE I. 


CONSTITUTION. 


9 


SECTION V. 


Each house shall be the judge of the elections, 
returns and qualifications of its own members, 
and a majority of each shall constitute a quorum 
to do business; but a smaller number may ad¬ 
journ from day to day, and may be authorized to 
compel the attendance of absent members, in 
such manner, and under such penalties as each 
house may provide. 

Each house may determine the rules of its 
proceedings, punish its members for disorderly 
behaviour, and with the concurrence of two- 
thirds, expel a member. 

Each house shall keep a journal of its proceed¬ 
ings, and from time to time publish the same, 
excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the 
members of either house on any question shall, at 
the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn 
for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 


Elections, 
how judged. 


Quorum. 


Absent 

members. 


Rules. 


Expulsion. 


Journals to be 
kept and pub¬ 
lished. 


Yeas and 
nays. 


Adjourn¬ 

ments. 


SECTION VI. 

The Senators and Representatives shall receive compensa- 

^ ^ tion. 

a compensation for their services, to be ascer¬ 
tained by law, and paid out of the Treasuiy of 


10 


CONSTITUTION, 


ARTICLE I. 


Privileges, the United States. They shall in all cases, ex¬ 
cept treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at 
the session of their respective houses, and in 
going to and returning from the same; and for 
any speech or debate in either house, they shall 
not be questioned in any other place. 

Members not No Senator or Representative shall, during the 

appointed to 
office. 


Officers of 
government 
cannot be 
members. 


Revenue 

bills. 


Bills to be 
presented to 

t‘*ePresident. Qf Representatives and the Senate, shall, before 
it become a law, be presented to the President of 
?verCi? United States; if he approve he shall sign it; 

but if not, he shall return it, with his objections, 
to that house in which it shall have originated, 
Proceedings who shall enter the objections at largfe on their 
journal, and proceed to reconsider it. If after 


time for which he was elected, be appointed to 
any civil office under the authority of the United 
States which shall have been created, or the 
emoluments whereof shall have been increased 
during such time; and no person holding any 
office under the United States, shall be a mem¬ 
ber of either house during his continuance in 
office. 

SECTION VII. 

i 

All bills for raising revenue shall originate in 
the House of Representatives; but the Senate 
may propose or concur with amendments as on 
other bills. 

Every bill which shall have passed the House 


ARTICLE I. 


CONSTITUTION. 


11 


such reconsideration two-thirds of that house shall 
agree to pass the bill, it shall be sent, together 
with the objections, to the other house, by which 
it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a 
law. But in all cases the votes of both houses 
shall be determined by yeas and nays, and the 
names of the persons voting for and against the 
bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by 
the President within ten days (Sundays excepted) 
after it shall have been presented to him, the 
same shall be a law, in like manner as if he had 
signed it, unless^the Congress by their adjourn¬ 
ment prevent its return, in which case it shall 
not be a law. 

Every order, resolution, or vote, to which the 
concurrence of the Senate and Hou^e of Repre¬ 
sentatives may be necessary, (except on a question 
of adjournment,) shall be presented to the Presi¬ 
dent of the United States; and before the same 
shall take effect, shall be approved by him, or 
being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Represent¬ 
atives, according to the rules and limitations pre¬ 
scribed in the case of a bill. 

SECTION VIII. 


Bills to be 
laws if not re¬ 
turned in ten 
days. 


Joint orders 
or resolu¬ 
tions to be 
approved by 
the President. 


The Congress shall have power to lay and congr'is^o 
collect taxes, duties, imposts and excises, to pay pay St" 




12 


CONSTITUTION. 


ARTICLB I. 


the debts and provide for the common defence 
and general welfare of the United States; but all 
duties, imposts and excises, shall be uniform 
throughout the United States; 

To borrow money on the credit of the United 
States; 

To regulate commerce with foreign nations and 
among the several States, and with the Indian 
tribes; 

To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States; 

To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights 
and measures; 

To provide for the punishment of counterfeiting 
the securities and current coin of the United 
States; 

To establish post offices and post roads; 

To promote the progress of science and useful 
arts, b}^ securing, for limited times, to authors and 
inventors the exclusive right to their respective 
writings and discoveries; 

To constitute tribunals inferior to the Supreme 
Court; 

Piracies, &c. To define and punish piracies and felonies 
committed on the high seas, and offences against 
the law of nations; 

To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on 
land and water; 


General wel¬ 
fare. 

Duties uni¬ 
form. 


Borrow 

money. 


Commerce. 


Naturaliza¬ 

tion. 

Bankruptcy. 


Coin money. 

Weights and 
measures. 


Counterfeit¬ 

ing. 


Post roads. 


Promote arts 
and science. 


Inferior 

courts. 


Declare war, 
and make 
captures. 


ARTICLE I. 


CONSTITUTION. 


13 


To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer 
term than two years; 

To provide and maintain a navy; ^avy. 

To make rules for the government and regula- 
tion of the land and naval forces; 

To provide for calling forth the militia to exe- caiiout 
cute the laws of the Union, suppress insurrec¬ 
tions, and repel invasions; 

To provide for organizing, arming and disci- govemmiuSa 
plining the militia, and for governing such part 
of them as may be employed in the service of 
the United States, reserving to the States, respect¬ 
ively, the appointment of the officers, and the SStfa? 
authority of training the militia according to the 
discipline prescribed by Congress; 

To exercise exclusive legislation in all cases ®*^Jjation 
whatsoever, over such district (not exceeding ten government, 
miles square) as may by cession of particular ' 

States, and the acceptance of Congress, become 
the seat of the government of the United States, 
and to exercise like authority over all places pur¬ 
chased by the consent of the legislature of the 
State in which the same shall be, for the erection fyn%Z7e- 
of forts, magazines, arsenals, dock-yards, and 
other needful buildings; and 

To make all laws which shall be necessary 
and proper for carrying into execution the fore- powerTinto 
going powers, and all other powers vested by ^ ’ 

this Constitution in the Government of the United 
States, or in any department or officer thereof. 




14 


CONSTITUTION. 


ARTICLE I. 


Importation 
of slaves 
allowed till 
1808. 


Habeas cor¬ 
pus. 


Attainder and 
ex post facto 
laws. 

Direct taxes. 


No exporta¬ 
tion duty. 


Commerce 
between the 
States. 


Money, how 
drawn from 
the treasury. 


To be pub¬ 
lished. 

No nobility. 


SECTION IX. 

The migration or importation of such persons 
as any of the States now existing shall think 
proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight 
hundred and eight; but a tax or duty may be im¬ 
posed on such importation, not exceeding ten 
dollars for each person. 

The privilege of the writ of habeas corpus shall 
not be suspended, unless when in cases of rebel¬ 
lion or invasion the public safety may require it. 

No bill of attainder or ex post facto law shall 
be passed. 

No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported 
from any State. 

No preference shall be given by any regulation 
of commerce or revenue to the ports of one State 
over those of another; nor shall vessels bound to 
or from one State, be obliged to enter, clear, or 
pay duties in another. 

No money shall be drawn from the ti'easury, 
but in consequence of appropriations made by 
law; and a regular statement and account of the 
receipts and expenditures of all pubhc money 
shall be published from time to time. 

No title of nobility shall be granted by the 
United States: and no person holding any office 



ARTICLE I. 


CONSTITUTION. 


15 


of profit or trust under them, shall, without the 
consent of the Congress, accept of any present, eXS/'®®’ 
emolument, office or title, of any kind whatever, 
from any king, prince, or foreign state. 

SECTION X. 

No State shall enter into any treaty, alliance, SS 
or confederation; grant letters of marque and 
reprisal; coin money; emit bills of credit; make 
anything but gold and silver coin a tender in pay¬ 
ment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of con¬ 
tracts, or grant any title of nobility. 

No State shall, without the consent of the Con- 
gross, lay any imposts or duties on imports or 
exports, except what may be absolutely neo^Sk^ 
sary for executing its inspection laws: and the 
net produce of all duties and imposts, laid by 
any State on imports or exports, shall be for the 
use of the Treasury of the United States; and all 
such laws shall be subject to the revision and 
control of the Congress. 

No State shall, without the consent of Con- ai“?f 
gross, lay any duty of tonnage, keep troops 
ships of war in time of peace, enter into any 
agreement or compact with another State, or with 
a foreign power, or engage in war, unless actu¬ 
ally invaded, or in such imminent danger as will 
not admit of delay. 




16 


CONSTITUTION. 


ARTICLE II. 


President of 
• the United 
States. 


Electors, how 
appointed. 


Electors to 
meet and to 
elect a Pre¬ 
sident and 
Vice Presi¬ 
dent. 


Their votes 
counted in 
Congress. 


ARTICLE II. 

SECTION I. 

The Executive power<-shall be vested in a 
President of the United States of America. He 
shall hold his office during the term of four years, 
and together with the Vice President, chosen for 
the same term, be elected as follows: 

Each State shall appoint, in such manner as 
the legislature thereof may direct, a number of 
electors, equal to the whole number of Senators 
and Representatives to which the State may be 
entitled in the Congress: but no Senator or Rep¬ 
resentative, or person holding an office of trust or 
profit under the United States, shall be appointed 
&,n elector. 

The electors shall meet in their respective 
States, and vote by ballot for two persons, of 
whom one at least shall not be an inhabitant of 
the same State with themselves. And they shall 
make a list of all the persons voted for, and of 
the number of votes for each; which list they 
shall sign and certify, and transmit sealed to the 
seat of the Government of the United States, 
directed to the President of the Senate. The 
President of the Senate shall, in the presence of 
the Senate and House of Representatives, open 
aU the certificates, and the votes shall then be 
counted. The person having the greatest number 
of votes shall be the President, if such number 




ARTICLE II. 


CONSTITUTION. 


17 


be a. majority of the whole number of electors 
appointed; and if there be more than one who 
have such majority, and have an equal number 
of votes, then the Ho^se of Representatives shall 

• Til tin f 1 n choose if 

immediately choose, by ballot, one of them for electors fan. 
President; and if no person have a majority, then 
from the five highest on the list the said House 
shall in like manner choose the President. But 
in choosing the President, the votes shall be Jja^tes.**^ 
taken by States, the representation from each 
State having one vote; a quorum for this purpose 
shall consist of a member or members from two- 
thirds of the States, and a majority of all the 
States shall be necessary to a choice. In every vice Presi- 

. . dent. 

case, after the choice of the President, the person 
having the greatest number of votes of the elec¬ 
tors shall be the Vice President. But if there 
should remain two or more who have equal votes, 
the Senate shall choose from them by ballot the 
Vice President.* 

The Congress may determine the time of^geungof"^ 
choosing the electors, and the day on which they 
shall give their votes; which day shall be the 
same throughout the United States. 

No person except a natural born citizen, or a ouaiifica- 

^ ^ ^ tions of Pre¬ 

citizen of the United States at the time of the 

adoption of this Constitution, shall be eligible to 

*This clause of the Constitution has been amended. See 
twelfth article of the amendments, page 33. 

2 




18 


CONSTITUTION. 


ARTICLE II. 


the office of President; neither shall any person 
be eligible to that office who shall not have at¬ 
tained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

deiShJ&c., In case of the removal of the President from 

of President, gj. g£ resignation, or inability to 

discharge the powers and duties of the said office, 
the same shall devolve on the Vice President, 
and the Congress may by law provide for the 
case of removal, death, resignation or inability, 
both of the President and Vice President, de¬ 
claring what officer shall then act as President, 
and such officer shall act accordingly, until the 
disability be removed, or a President shall be 
elected. 

compensa- The President shall, at stated times, receive 

tion of Pre- ' 

sident. ]^j-g services a compensation which shall 

neither be increased nor diminished during the 
period for which he shall have been elected, and 
he shall not receive within that period any other 
emolument from the United States, or any of 
them. 

Before he enter on the execution of his office, 
he shall take the following oath or affirmation: 

Oath. “I do solemnly swear (or affirm) that I will 

faithfully execute the office of President of the 
United States; and will, to the best of my ability, 
preserve, protect and defend the Constitution of 
the United States.” 













ARTICLE II. 


CONSTITUTION. 


19 


SECTION II. 

The President shall be commander-in-chief of 
the army and navy of the United States, and of 
the militia of the several States when called into 
the actual service of the United States; he may 
require the opinion, in writing, of the principal 
officer in each of the executive departments, upon 
any subject relating to the duties of their respect¬ 
ive offices, and he shall have power to grant 
reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

He shall have power, by and with the advice 
and consent of the Senate, to make treaties, pro¬ 
vided two-thirds of the Senators present concur; 
and he shall nominate, and, by and with the ad¬ 
vice and consent of the Senate, shall appoint am- 
bassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other offi¬ 
cers of the United States whose appointments are 
not herein otherwise provided for, and which 
shall be established by law: but the Congress 
may by law vest the appointment of such inferior 
officers as they think proper, in the President 
alone, in the courts of law, or in the heads of de¬ 
partments. 

The President shall have power to fill up all 
vacancies that may happen during the recess of 
the Senate, by granting commissions which shall 
expire at the end of their next session. 



20 


CONSTITUTION. 


ARTICLE III. 


SECTION III. 

ersalldduties ^6 shall from time to time give to the Congress 

dLit.^ information of the state of the Union, and recom¬ 
mend ^to their consideration such measures as he 
shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both Houses, or 
either of them, and in case of disagreement be¬ 
tween them, with respect to the time of adjourn¬ 
ment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors 
and other public ministers; he shall take care 
that the laws be faithfully executed, and shall 
commission all the officers of the United States. 

SECTION IV. 

Impeach- The President, Vice President, and all civil 

ment. 

officers of the United States, shall be removed 
from office on impeachment for and conviction of 
treason, bribery, or other high crimes and misde¬ 
meanors. 

ARTICLE III. 

SECTION I. 

Judiciary, The judicial power of the United States shall 

and tenure of ^ ^ 

judges. |)e vested in one Supreme Court, and in such in¬ 
ferior courts as the Congress may from time to 
time ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their 
offices during good behaviour, and shall, at stated 






ARTICLE 111. 


CONSTITUTION. 


21 


times, receive for their services a compensation, 
which shall not be diminished during their con¬ 
tinuance in office. 


SECTION II. 

The judicial power shall extend to all cases. Powers of the 

. ... . . judiciary. 

in law and equity, arising under this Constitu¬ 
tion, the laws of the United States, and treaties 
made, or which shall be made, under their au¬ 
thority; to all cases affecting ambassadors, other 
public ministers and consuls; to all cases of ad¬ 
miralty and maritime jurisdiction; to controver¬ 
sies to which the United States shall be a party; 
to controversies between two or more States; be¬ 
tween a State and citizens of another State; be¬ 
tween citizens of different States; between citi¬ 
zens of the same State claiming lands under 
grants of different States; and between a State, 
or the citizens thereof, and foreign States, citi¬ 
zens, or subjects. 

In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be a party, the Supreme Court shall have 
original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appel¬ 
late jurisdiction, both as to law and fact, with 
such exceptions and under such regulations as 
the Congress shall make. 

The trial of all crimes, except in cases of im- Tnais by 

. . jury. 

peachment, shall be by jury; and such trial shall 




22 


CONSTITUTION. 


ARTICLE IV. 


And where 
held. 


Treason. 


No corru{v- 
tion of blood 


Acts of 
States ac¬ 
credited. 


Privileges of 
citizenship. 


be held in the State where the said crimes shall 
have been committed; but when not committed 
within any State, the trial shall be at such place 
or places as the Congress may by law have di¬ 
rected. 

SECTION III. 

Treason against the United States shall consist 
only in levying war against them, or in adhering 
to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt 
act, or on confession in open court. 

The Congress shall have power to declare the 
punishment of treason; but no attainder of treason 
shall work corruption of blood or forfeiture, ex¬ 
cept during the life of the person attainted. 

ARTICLE IV. 

t 

SECTION I. 

Full faith and credit shall be given in each 
State to the public acts, records, and judicial 
proceedings of every other State. . And the Con¬ 
gress may, by general laws, prescribe the man¬ 
ner in which such acts, records, and proceedings 
shall be proved, and the effect thereof. 

SECTION II. 

The citizens of each State shall be entitled to 
all privileges and immunities of citizens in the 
several States. 




ARTICLE IV. 


CONSTITUTION. 


23 


A person charged in any State with treason, Fugitives 
felony, or other crime, who shall flee from justice, 
and be found in another State, shall, on demand 
of the Executive authority of the State from 
which he fled, be delivered up, to be removed to 
the State having jurisdiction of the crime. 

No person held to service o-r labor in one State, Fugitive 

^ _ slaves to be 

under the laws thereof, escaping into another, delivered up. 
shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party 
to whom such service or labor may be due. 

SECTION III. 

New States may be admitted by the Congress New states, 
into this Ufton; biU no new State shall be formed 
or erected within the jurisdiction of any other 
State; nor any State be formed by the junction 
of two or more States, or parts of States, without 
the consent of the legislatures of the States con¬ 
cerned, as well as of the Congress. 

The Congress shall have power to dispose of Temt^n^and 
and make all needful rules and regulations re- 
specting the territory or other property belonging 
to the United States ; and nothing in this Consti¬ 
tution shall be so construed as to prejudice any 
claims of the United States, or of any particular 
State. 



24 


CONSTITUTION. 


ARTICLE V. 


SECTION IV. 

ibrm'ifgov- The United Stales shall guaranty to every 
eminent. g^^te in this Union a republican form of govern- 
ment, and shall protect each of them against in¬ 
vasion, and, on application of the legislature, or of 
the Executive, (when the legislature cannot be 
convened,) against domestic violence. 

ARTICLE V. 

oAwf"con- The Congress, whenever two-thirds of both 
fetitution. jjQuggg gPall deem it necessary, shall propose 
amendments to this Constitution, or, on the appli¬ 
cation of the legislatures of two-thirds of the 
several States, shall call a convention for propos¬ 
ing amendments, which, in either case, shaU be 
valid to all intents and purposes, as part of this 
Constitution, when ratified by the legislatures of 
three-fourths of the several States, or by conven¬ 
tions in three-fourths thereof, as the one or the 
other mode of ratification may be proposed by the 
Congress; provided that no amendment which 
may be made prior to the year one thousand 
eight hundred and eight, shall in any manner af¬ 
fect the first and fourth clauses in the ninth sec¬ 
tion of the first article; and that no State, without 
its consent, shall be deprived of its equal suf¬ 
frage in the Senate. 



ARTICLE VII. 


CONSTITUTION. 


25 


ARTICLE VI. 

All debts contracted and engagements entered ®2^gover!^’ 
into before the adoption of this Constitution, shall 
be as valid against the United States under this 
Constitution, as under the confederation. 

This Constitution, and the laws of the United Stef thTS- 
States which shall be made in pursuance thereof; 
and all treaties made, or which shall be made, 
under the authority of the United States, shall be 
the supreme law of the land; and the judges in 
every State shall be bound thereby, anything in 
the Constitution or laws of any State to the con¬ 
trary notwdtstanding. 

The Senators and Representatives before men- 
tioned, and .the members of the several State 
legislatures, and. all executive and judicial offi¬ 
cers, both of the United States and of the several 
States, shall be bound by oath or affirmation to 
support this Constitution; but no religious test 
shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine Ratification. 
States, shall be sufficient for the establishment of 
this Constitution between the States so ratifying 
the same. 




2G 


CONSTITUTION. 

Done in Convention the unanimous consent of 
the States present, the seventeenth day of Sep¬ 
tember, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the In¬ 
dependence of the United States of America 
the twelfth. In witness whereof, we have 
hereunto subscribed our names. 

GEO: WASHINGTON, 
President, and Dqmty from Virginia* 


NEW HAMPSHIRE. 

John Langdon, 

Nicholas Gilman. 

MASSACHUSETTS. 

Nathaniel Gorham, 

Kufus King. 

CONNECTICUT. 

William Samuel Johnson, 
Eoger Shennan. 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 

William Livingston, 
David Brearley, 

William Paterson, 
Jonathan Dayton. 

PENNSYLVANIA. 

B. Franklin, 

Thomas Mifflin, 

Eobert Morris, 

George Clymer, 

Thomas Fitzsimons, 
Jared Ingersoll, 

James Wilson, 

Gouv. Morris. 


DELAWARE. 

Geo. Read, 

Gunning Bedford, jun., 

John Dickinson, 

Richard Bassett, 

Jacob Broom. 

MARYLAND. 

Jaimes McHenrj", 

Dan. of St Thomas Jenifer, 
Daniel Carroll. 

VIRGINIA. 

John Blair, 

James Madison, jun. 

NORTH CAROLINA. 

William Blount, 

Rich’d Dobbs Spaight, 

Hu. Williamson. 

SOUTH CAROLINA. 

J. Rutledge, 

Charles Coatesworth Pinckney, 
Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 

Abr. Baldwin. 


Attest: WILLIAM JACKSON, Secretary. 




CONSTITUTION. 


27 


» 


PROCEEDINGS 


OF THE 

CONVENTION WHICH FORMED THE CONSTITUTION. 


IN CONVENTION. 

Monday, SejJtember 17, 1787. 

Resolved, That the preceding Constitution be laid before 
the United States in Congress assembled; and that it is 
the opinion of this Convention that it should afterwards 
be submitted to a convention of delegates, chosen in each 
State by the people thereof, under the recommendation of 
its legislature, for their assent and ratification; and that 
each convention assenting to and ratifying the same should 
give notice thereof to the United States in Congress as¬ 
sembled. 

Resolved, That it is the opinion of this Convention that, 
as soon as the conventions of nine States shall have ratified 
this Constitution, the United States in Congress assembled 
should fix a day on whicli electors should be appointed by 
the States which shall have ratified the same, and a day on 
which electors should assemble to vote for the President, 
and the time and place for commencing proceedings under 
this Constitution; that, after such publication, the electors 
should be appointed, and the Senators and Representatives 
elected; that the electors should meet on the day fixed for 



28 


CONSTITUTION. 


the election of the President, and should transmit their 
votes, certified, signed, sealed, and directed, as the Con¬ 
stitution requires, to the Secretary of the United States in 
Congress assembled; that the Senators and Representa¬ 
tives should convene at the time and place assigned; that 
the Senators should appoint a President of the Senate, for 
the sole purpose of receiving, opening, and counting the 
votes for President; and that, after he shall be chosen, the 
Congress, together with the President, should, without 
delay, proceed to execute this Constitution. 

By the unanimous order of the Convention: 

GEO: WASHINGTON, President. 

William Jackson, Secretary. 


LETTER OF THE CONVENTION TO THE OLD CONGRESS. 


•IN CONVENTION. 

September 17, 1787. 

Sir: We have now the honor to submit to the consider¬ 
ation of the United States in Congress assembled, that 
Constitution which has appeared to us the most advisable. 

The friends of our country have long seen and desired 
that the power of making war, peace, and treaties; that of 
levying money, and regulating commerce, and the corres¬ 
pondent executive and judicial authorities, should be fully 
and effectually vested in the General Government of the 
Union: but the impropriety of delegating such extensive 





CONSTITUTION. 


29 


trust to one body of men is evident; hence results the 
necessity of a different organization. 

It is obviously impracticable in the Federal Government 
of these States to secure all rights of independent sover¬ 
eignty to each, and yet provide for the interest and safety 
of all. Individuals entering into society must give up a 
share of liberty to preserve the rest. The magnitude of 
the sacrifice must depend as well on situation and circum¬ 
stance as on the object to be obtained. It is at all times 
difficult to draw with precision the line between those 
rights which must be surrendered and those which may be 
reserved; and, on the present occasion, this difficulty was 
irxreased by a difference among the several States as to 
their situation, extent, habits, and particular interests. 

In all our deliberations on this subject, we kept steadily 
in our view that which appears to us the greatest interest 
of every true American—the consolidation of our Union— 
in which is involved our prosperity, felicity, safety, per¬ 
haps our national existence. This important consideration, 
seriously and deeply impressed on our minds, led each 
State in the Convention to'be less rigid on points of infe- 
lior magnitude than might have been otherwise expected; 
and thus the Constitution which we now present is the 
result of a spirit of amity, and of that mutual deference 
and concession which the peculiarity of our political situa¬ 
tion rendered indispensable. 

That it will meet the full and entire approbation of 
every State, is not, perhaps, to be expected; but each 
will doubtless consider that, had her interest been alone 
consulted, the consequences might have been particularly 
disagreeable or injurious to others. That it is liable to as 




30 


CONSTITUTION. 


few exceptions as could reasonably haye been expected, 
we hope and believe. That it may promote the lasting 
welfare of that country so dear to us all, and secure her 
freedom and happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, your 
Excellency’s most obedient, humble servants. 

By unanimous order of the Convention: 

GEO: WASHINGTON, President., 
His Excellency the President of Congress. 


PROCEEDINGS IN THE OLD CONGRESS. 


UNITED STATES IN CONGRESS ASSEMBLED. 

Friday, September 28, 1787. 

Present —New Hampshire, Massachusetts, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Vir¬ 
ginia, North Carolina, South Carolina, and Georgia; and 
frorfi Maryland, Mr. Ross. 

Congress having received the report of the Convention 
lately assembled in Philadelphia— 

Resolved^ unanimously^ That the said report, with the 
resolutions and letter accompanying the same, be trans¬ 
mitted to the several legislatures, in order to be submitted 
to a convention of delegates chosen in each State by the 
people thereof*, in conformity to the resolves of the Conven¬ 
tion made and provided in that case. 

CHARLES THOMSON, Seci'ctary. 









CONSTITUTION. 


31 


AMENDMENTS. 


ARTICLE I. 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press; or the 
right of the people peaceably to assemble, and to petition 
the Government for a redress of grievances. 

ARTICLE II. 

A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches 
and seizures, shall not be violated, and no warrants shall 
issue but upon probable cause, supported by oath or af¬ 
firmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 










32 


CONSTITUTION. 


ARTICLE V. 

No person shall be held to answer for a capital, or other¬ 
wise infamous crime, unless on a presentment or indict¬ 
ment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in 
time of war or public danger; nor shall any person be 
subject for the same offence to be twice put in jeopardy of 
life or limb; nor shall be compelled in any criminal case 
to be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law; nor shall 
private property be taken for public use, without just com¬ 
pensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public triad, by an impartial jury of 
the State and district wherein the crime shall have been 
committed, which district shall have been previously as¬ 
certained by law, and to be informed of the nature and 
cause of the accusation; to be confronted with the witnes¬ 
ses against him; to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance of coun¬ 
sel for his defence. 


ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be other¬ 
wise re-examined in any court of the United States, than 
according to the rules of the common law. 






CONSTITUTION. 


33 


ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re¬ 
served to the States respectively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com¬ 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign State. 

ARTICLE XII. 

The electors shall meet in their respective States, and 
vote by ballot for President and Vice President, one of 
whom at least shall not be an inhabitant of the same State 
with themselves; they shall name in their ballots the per¬ 
son voted for as President, and in distinct ballots the per¬ 
son voted for as Vice President; and they shall make dis¬ 
tinct lists of all persons voted for as President, and of all 
persons voted for as Vice President, and of the number of 
votes for each; which lists they shall sign and certify, and 
3 







34 


CONSTITUTION. 


transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certifi¬ 
cates, and the votes shall then be counted; the person 
having the greatest number of votes for President shall be 
the President, if such number be a majority of the whole 
number of electors appointed; and if no person have such 
majority, then from the persons having the highest num¬ 
bers, not exceeding three, on the list of those voted for as 
President. But in choosing the President, the votes shall 
be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not 
choose a President, whenever the right of choice shall de¬ 
volve upon them, before the fourth day of March next fol¬ 
lowing, then the Vice President shall act as President, as 
in the case of the death or other constitutional disabihty of 
the President. 

The person having the greatest number of votes as 
Vice President shall be the Vice President, if such num¬ 
ber be a majority of the whole number of electors ap¬ 
pointed ; and if no person have a majority, then from the 
two highest numbers on the list the Senate shall choose 
the Vice President; a quorum for the purpose shall con¬ 
sist of two-thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a 
choice. But no person constitutionally ineligible to the 
office of President, shall be eligible to that of Vice Presi¬ 
dent of the United States. 


INDEX 


TO THE 

CONSTITUTION OF THE UNITED STATES. 


A. 

Art. Sec. Page. 

Arts and sciences, to be promoted. 1 8 12 

Acts, records, and judicial proceedings of each State, entitled 

to faith and credit in other States. 4 1 22 

Amendments to the Constitution, how made. 5 1 24 

made. 31 

Appointments to be made by the President. 2 2 19 

Apportionment of Representatives. 1 2 6 

Appropriations by law. 1 9 14 

Appropriation for army not to exceed two years. 1 8 13 

Armies, Congress to raise and support. 1 8 13 

Arms, right of the people to keep and bear. 31 

Assemble, people may. 31 

Attainder, bill of, prohibited to Congress. 1 9 14 

prohibited to the States. 1 10 15 

of treason shall not work corruption of blood or 
forfeiture, except during the life of the person 
attainted. 3 3 22 

B. 

Bail, excessive, not required. 33 

Bankruptcy laws to be uniform. 1 8 12 

Bills for raising revenue shall originate in the House of Rep¬ 
resentatives . 1 7 10 

before they become laws, shall be passed by both houses 
and approved by the President; or, if disapproved, 
shall be passed by two-thirds of each house. 1 7 10 
























36 


INDEX TO THE CONSTITUTION. 


Art. Sec. Page. 

Bills not retimied in ten days, unless an adjouniment inter¬ 
vene, shall be laws. 1 7 11 

Borrow money, Congress may. 1 8 12 

C. 

Capitation tax, apportionment of. 1 9 14 

Census, or enimieration, to be made every ten years. 1 2 6 

Citizens of each State shall be entitled to the privileges and 

immunities of citizens in the several States. 4 2 22 

Claims, no prejudice to certain. 4 3 23 

Claims, of the United States, or of the several States, not to 
be prejudiced by any construction of the Constitu¬ 
tion . 4 3 23 

Coasting trade, regulations respecting. 1 9 14 

Coins, Congress fix value of foreign. 1 8 12 

Commerce, Congress to regulate. 1 8 12 

regulations respecting, to be equal and uniform.. 1 9 14 

Commissions to be granted by the Pre.?ident. 2 3 20 

Common laic, recognised and established, 7th amendment... 32 

Congress vested with power. 1 1 5 

may alter the regulations of State legislatures con¬ 
cerning elections of Senators and Representatives, 

except as to place of choosing Senators. 1 4 8 

shall assemble once every year. 1 4 8 

officers of government cannot be members of. 1 6 10 

may provide for cases of removal, death, &c., of 

President and Vice President. 2 1 18 

may determine the time of choosing electors of 

President and Vice President. 2 1 17 

may invest the appointment of mferior officers in 
the President alone, in the courts of law, or the 

heads of departments. 2 2 19 

may establish courts inferior to the Supreme Court. 3 1 20 

may declare the punishment of treason. 3 3 22 

may prescribe the manner of proving the acts and 

records of each State. 4 1 22 

to assent to the formation of new States. 4 3 23 

























INDEX TO THE CONSTITUTION. 


37 

Art. See. Page. 

Congress may propose amendments to Constitution or call a 

convention. 5 1 24 

to lay and collect duties. 1 8 11 

to borrow money. 1 8 12 

to regulate commerce. 1 8 12 

to establish uniform laws of bankruptcy and natu¬ 
ralization . 1 8 12 

to coin money, regulate the value of coin, and fix a 

standard of weights and measures. 1 8 12 

to punish counterfeiting. 1 8 12 

to constitute tribunals inferior to the Supreme 

Court. 1 8 12 

to define and punish piracies, felonies on the high 
seas, and offences against the laws of nations.... 1 8 12 

to estabhsh post offices and post roads. 1 8 12 

to authorize patents to authors and inventors. 1 8 12 

to declare war, grant letters of marque, and make 

rules coucernnig captures. 1 8 12 

to raise and support annies. 1 8 13 

to provide and maintain a navy. 1 8 13 

to make rules for the government of the army and 

navy... 1 8 13 

to call out the militia in certain cases. 1 8 13 

to organize, arm and discipline militia. 1 8 13 

to exercise exclusive legislation over seat of gov- 

• eiTiment. 1 8 13 

to pass laws necessary to carry the enumerated 

powers into effect. 1 8 13 

to dispose of and make rules concerning the terri¬ 
tory or other property of the United States. 4 3 23 

President may convene and adjouni in certain cases. 2 3 20 

Constitution, how amended. 5 1 24 

laws and treaties, declared to be the supreme 

law. 6 1 25 

rendered operative by the ratification of nine 

States. 7 1 25 

Contracts, no law impairing. 1 10 15 






























38 


INDEX TO THE CONSTITUTION. 


Art. Sec. Page. 

Conventions for proposing amendments to the Constitution. -- 5 1 24 

Counterfeiting, Congress to provide for punishment. 1 8 12 

Court, Supreme, its original and appellate jurisdiction. 3 2 21 

Courts, inferior to the Supreme Court, may be ordained by 

Congress. 1 8 12 

Ditto.ditto. 3 1 20 

Crimes, persons accused of, fleeing from justice, may he de¬ 
manded. 4 2 23 

how to be tried. 3 2 21 

Criminal prosecutions, proceedings in cases of.. 32 

D. 

Debts against the confederation to be valid. 6 1 25 

Duties to be laid by Congress, and to be uniform. 1 8 11 

further provision respecting. 1 9 14 

cannot be laid by the States. 1 10 15 

on exports prohibited. 1 9 14 

on imports and exports unposed by States, shall enure 
to the treasury of the United States. 1 10 15 

E. 

Elections of Senators and Representatives shall be prescribed 

by the States. 1 4 8 

qualifications and returns of members of Congress 

to be determined by each house. 1 5 9 

Electors of President and Vice President, how chosen, and 

their duties. 2 1 16 

altered, see 12th amendment. 33 

to vote the same day throughout the United States .2 1 17 

no Senator, or Representative, or public ofiicer, shall 

serve as. 2 1 16 

Enumeration, every iQia. years. 12 6 

Ezecwricepotccr vested in a President, {^ee President.) _ 2 1 16 

Exports, not to be taxed. 1 9 14 

and imports. States prohibited from laying duties on. 1 10 15 

Zaie, none shall be passed. 1 9 14 

prohibited to States. 1 10 15 

























INDEX TO THE CONSTITUTION. 


39 


Fines, excessive, prohibited. 

Fugitives from justice, to be delivered up. 4 

from service, may be reclaimed. 4 


H. 

Habeas corpus, writ of, can only be suspended in cases of re¬ 


bellion or invasion. 1 

House of Representatives. (See Representatives.) 

I. 

Impeachment, to be brought by House of Representatives.... 1 

tried by the Senate. 1 

judgment on. 1 

all civil officers liable to. 2 

Importation of slaves, not prohibited till 180S. 1 


J. 

Judges shall hold their offices during good behaviour. 3 

their compensation. 3 

Judiciary, tribunals inferior to Supreme Court may be created. 1 
Judicial power vested in a Supreme Court, and courts inferior 3 

powers of the judiciary. 3 

restriction as to suits against a State. 

Judicial proceedings of each State are entitled to faith and 

credit in every State. 4 

Jury trial secured, and shall be held in the State where the 

crime shall have been committed. 3 

further regulated, 6th amendment. 


secured m suits at common law where the value in 
controversy shall exceed twenty dollars, 7th 
amendment. 

L. 


Law, what is declared the supreme. 

Law, common, recognised and established, 7th amendment... 

Laws, President to see them faithfully executed. 

Legislative powers, vested in Congress. (See Congress.) 
Loans, authority to make. 


6 

2 


Sec. Page. 

33 

2 23 

2 23 


9 14 


2 7 

3 8 

3 8 

4 20 

9 14 


1 20 
1 20,21 
8 12 
1 20 
2 21 
33 

1 22 

2 21,22 
32 


32 


1 25 

32 

3 20 


1 


8 12 


























40 


INDEX TO THE CONSTITUTION. 


Marque and reprisal, letters of. 1 

Militia to be called out... 1 

to be officered by the States. 1 

to be commanded by the President. 2 


their right to keep and bear arms secured, 2d amend¬ 
ment. 

Money shall be drawn from the treasury only by appropriation 


laws. 1 

Congress to coin and regulate value of. 1 

States cannot make. 1 

1 

N. 

Naturalization, uniform rules of. 1 

Navy, Congress to provide and govern. 1 

Nobility, titles of, shall not be granted by the United States.. 1 

nor by the States. 1 

O. 


Officers of the House' of Representatives shall be chosen by 


the House. 1 

of the Senate shall be chosen by the Senate. 1 

civil, may be removed by unpeachment. 2 

Order of one House, requiring the concurrence of the other.. 1 

Oath of the President. 2 

of* the public officers. 6 

P. 

Pardons, President may grant. 2 

Patents to be granted to mventors. 1 

Petition, right of. 

Persons held to service or labor, their importation or migra¬ 
tion into the United States may be prohibited after 

1808 . 1 

escaping from one State to another, shall be delivered 

up to those entitled to service. 4 

Pirary, Congress to prescribe punishment. 1 

Post offices and post roads, establishment of. 1 


Sec. Page. 

8 12 

8 13 

8 13 

2 19 

31 

9 13 

8 12 

10 15 


8 12 

8 13 

9 14 

10 15 


2 5 

3 7 

4 20 

7 10 

1 18 

1 25 


2 19 

8 12 
31 


9 14 

2 23 

8 12 
8 12 

























INDEX TO THE CONSTITUTION. 


41 


Art. Sec. Page. 

Powers not delegated to Congress, nor prohibited to the 

States, are reserved, 10th amendment. 33 

Legislative. (See C^gress.) 

Executive. (See President.) 

Judicial. (See Judicial.) 

Presents from foreign powers to public officers prohibited-.. 1 9 15 

Press, freedom of. 31 

President of the U. 5. vested with the Executive power. 2 1 16 

shall be chosen for four years. 2 1 16 

how elected. 2 1 16 

same, 12th amendment. 33,34 

qualifications for. 2 1 17 

who shall act m case of vacancy. 2 1 18 

compensation of. 2 1 18 

shall take an oath of office. 2 1 18 

may be removed by impeachment. 2 4 20 

President, commander of anny, navy and militia. 2 2 19 

may require the written opinions of the heads of 

departments. 2 2 19 

may reprieve and pardon. 2 2 19 

may make treaties with consent of the Senate. 2 2 19 

may appoint to office with consent of the Senate.. 2 2 19 

shall fill up vacancies happening during the recess 

of the Senate. 2 2 19 

shall give information to Congi’ess and recommend 

measures.. 2 3 20 

may convene both houses, or either house. 2 3 20 

may adjourn them in case of disagreement. 2 3 20 

shall receive ambassadors and public ministers.... 2 3 20 

shall take care that the laws be faithfully executed. 2 3 20 

shall commission all officers. 2 3 20 

and immunities of members of Congress. 1 6 10 

of citizens. (See Citizens, also Rights.) 

Congress to provide for care of public. 4 3 23 

shall not be taken for public use without just com¬ 
pensation, 5th amendment. 32 

Punishments, cruel and unusufll, prohibited. 33 































42 


INDEX TO THE CONSTITUTION. 


Q. 

Art. 


Quorum for business, what shall be a. 1 

of States in choosing a President by the House of 
Representatives. 2 


Quartered, no soldier to be quartered on a citizen 

R. 


Receipts and expenditures, accounts of, to be published. 1 

Records, how to be authenticated. 4 

Religion, no law to be made, free exercise of. 

religious test not required. 6 

Reprieves, granted by the President. 2 

Representatives, House of, composed of members chosen every 

second year. 1 

qualifications of voters. 1 

qualifications of members. 1 

apportionment of.. 1 

vacancies, how suirplied. 1 

shall choose their officers. 1 

shall have the power of impeachment. 1 

shall be the judge of the election and qualifications 

of its members. 1 

what shall be a quorum. 1 

any number may adjourn, and compel the attend¬ 
ance of absentees. 1 

may detennine the rules of proceeding. 1 

may punish or expel a member. 1 

shall keep a jounial and publish the same. 1 

shall not adjourn for more than three days, nor to 
any other place, without the consent of the 

Senate. 1 

one-fifth may require the yeas and nays. 1 

shall originate bills for raising revenue. 1 

compensation to be ascertained by law. 1 

privileged from arrest, except in certain cases... 1 

Representatives shall not be questioned for speech or debate 

in the House. 1 


Sec. Page. 

5 9 

1 17 

31 


9 14 

1 22 

31 
25 

2 19 

2 5 

2 5 

2 5,6 

2 6 

2 6 

2 7 

2 7 

5 9 

5 9 

5 9 

5 9 

5 9 

5 9 


5 9 

5 9 

7 10 

6 9 

6 10 

6 10 




























INDEX TO THE CONSTITUTION. 


43 


Art. Sec. Page. 

Representatives shall not be appointed to office. 1 6 10 

shall not serve as electors of President. 2 1 16 

and direct taxes apportioned according to 

numbers. 1 2 6 

Representation of a State, vacancies in, supj)lied until a new 

election by executive authority. 1 2 6 

Resolution, order, or vote, requiring the concurrence of both 

houses, to undergo the formalities of bills.. ..1 7^ 11 
7?ercnM€ tiZ/s, to originate in the House of Representatives.. 1 7 10 
Rights of the citizen declared to be— 

privileges of citizens of the several States.... 4 2 22 

liberty of conscience in matters of religion.... 31 

freedom of speech and of the press. 31 

to assemble and petition. 31 

to keep and bear arms. 31 

to be exempt from the quartering of soldiers. 31 

to be secure from imreasonable searches and 

seizures. 31 

to be free from answering for a crime, unless 

on presentment or indictment of a jury.... 32 

not to be twice jeoparded for the same offence. 32 

not to be compelled to be a witness against 

himself. 32 

not to be deprived of life, liberty, or property 

without due course of law. 32 

private property not to be taken for public use. 32 

in criminal prosecutions, shall enjoy the right 
of a speedy trial by jury, with all the means 

necessary for his defence. 32 

in civil cases, trial to be by a jury, and shall 
only be re-examined according to common 

law. 32 

excessive bail shall not be required, excessive 
fines imposed, nor cruel or unusual punish¬ 
ments inflicted. 33 

enumeration of certain rights shall not operate 

against retained rights.’.. 33 

Rw/cs, each House shall determine its own. 15 9 


















44 


IXDEX TO THE COXSTITUTIOX. 


s. 

Art. Sec. Page. 

Scat of government, exQ\viii\\Q legislation. 1 8 13 

Searches and seizures, security against. 31 

Senate, composed of two Senators from each State. 1 3 7 

how chosen, classed, and terms of service. 1 3 7 

qualifications of Senators. 1 3 7 

Vice President to be President of the. 1 3 7 

shall choose their officers. 1 3 8 

• shall be the judge of the elections and qualifications of 

its members. 15 9 

what number shall be a quorum. 1 5 9 

any number may adjourn, and compel attendance of 

absentees. 15 9 

may determine its rules. 1 5 9 

may punish or expel a member. 1 5 9 

shall keej) a journal, and publish the same, except 

parts requiiing secrecy. 1 5 9 

shall not adjourn for more than three days, nor to any 
other place, without the consent of the other 

house. 1 5 9 

one-fifth may require the yeas and nays. 1 5 9 

may propose amendments to bills for raising revenue .17 10 

shall try impeachments. 1 3 8 

effect of their judgment on impeachment. 13 8 

compensation to be ascertained by law. 1 6 9 

privileged from arrest. 1 6 10 

not questioned for any speech or debate. 1 6 10 

shall not be appointed to office. 1 6 10 

Senator shall not be elector. 2 1 16 

Senators and Representatives, elections of, how prescribed.... 1 4 8 

Slaves, their importation may be prohibited after 1808. 1 9 14 

escaping from one State to another may be reclaimed. 4 2 23 

Soldiers not quartered on citizens. 31 

Speaker, how chosen. 1 2 7 

Speech, freedom of. 31 

States prohih ited from — 

entering into tyeaty, alliance, or confederation. 1 10 

granting letters of marque. 1 10 15 





























INDEX TO THE CONSTITUTION. 


45 


Art. Sec. Page. 

States prohibited from — 

coining money. 1 10 15 

emitting bills of credit. 1 10 15 

making any thing a tender but gold and silver coin.. 1 10 15 

passing bills of attainder, ex post facto laws, or laws 

impairing contracts. 1 10 15 

granting titles of nobility. 1 10 15 

la}ing duties on imports and exports. 1 10 15 

laying duties on tonnage. 1 10 15 

keeping troops or ships of war in time of peace. 1 10 15 

entering into any agreement or contract with another 

State or a foreign power. 1 10 15 

engaging in war. 1 10 15 

States, new', may be admitted into the Union. 4 3 23 

may be formed within the jurisdiction of others, or by 
the junction of two or more, with the consent of 

Congress and the legislatures concerned. 4 3 23 

State judges bound to consider treaties, the Constitution, and 

the laws under it, as sui)reme. 6 25 

State, every, guarantied a republican form of government, 

protected by United States. 4 4 24 

Supreme Court. (See Court and Judiciary.) 

Suits at common law, proceedings. 32 

T. 

Tax, direct, according to representation. 1 2 6 

• shall be laid only hi proportion to census. 1 9 14 

Tax on exports, prohibited. 1 9 14 

Tender, what shall be a legal. 1 10 15 

Territory, or public property. Congress may make rules con¬ 
cerning . 4 3 23 

Test, religious, shall not be required. 6 25 

Titles. (See Nobility.) 

Title from foreign State prohibited. 1 9 15 

Treason defined. 3 3 22 

two witnesses, or confession, necessary for conviction 3 3 22 

pimishineut of, may be prescribed by Congress. 3 3 22 































46 


INDEX TO THE CONSTITUTION 


Art. Sec. Page. 


Treflswr^, money drawn from, only by appropriation. 1 9 14 

Treaties, how made. 2 2 19 

the supreme law. 6 25 

States cannot make. 1 10 15 

V. 


Vacancies happening during the recess, may be filled tempo¬ 


rarily by the President. 2 2 19 

in representation in Congress, how' filled. 1 2 6 

Flefo o/f/te Presirfent, effect of, and proceedings on. 1 7 10 

Vice President of the United States — 

to be President of the Senate. 1 3 7 

how elected. 2 1 17 

amendment. 33, 34 

shall, iu certain cases, discharge the duties of Presi¬ 
dent. 2 1 18 

may be removed by impeachment. 2 4 20 

Vote of one house refiuiring concurrence of the other. 1 7 10 

W. 

ir«r. Congress to declare. 1 8 12 

Warrants for searches and seizures, when and how they shall 

issue, 4th amendment. 31 

Witness, in crimmal cases, no one compelled to be against 

himself, 5th amendment. 32 

Weights and measures, standard of. 1 8 12 


1 5 


Yeas and nays, entered on Journal 


9 




















RULES AND ORDERS 


OF THE 

HOUSE OF REPRESENTATIVES, 


AS IN FORCE 


DURING THE SECOND SESSION 


OF 


THE THIRTY-SECOND CONGRESS. 







1 


I- 

[ 


[ 








STANDING RULES AND ORDERS 


FOR CONDUCTING BUSINESS IN THE 

HOUSE OF REPRESENTATIVES OF THE UNITED STATES. 


TOUCHING THE DUTY OF THE SPEAKER. 

1. He shall take the chair every day precisely at the 
hour to which the House shall have adjourned on the pre¬ 
ceding day; shall immediately call the members to order; 
and, on the appearance of a quorum, shall cause the jour¬ 
nal of the preceding day to be read .—Aiyril 7, 1789. 

2. He shall preserve order and decorum; may speak to 
points of order in preference to other members, rising from 
his seat for that purpose; and shall decide questions of 
order, subject to an appeal to the House by any two mem¬ 
bers —Ajyrrl 7, 1789; on which appeal no member shall 
speak more than once, unless by leave of the House.*— 
December 23, 1811. 

3. He shall rise to put a question, but may state it sit¬ 
ting .—April 7, 1789. 

* Difficulties have often arisen as to a supposed discrepancy between the 
appeal contemplated in this rule and that referred to in rule 35. There is no 
discrepancy. The question of order mentioned in the second rule relates to 
motions or propositions, their applicability or relevancy, or their admissibility 
on the score of time, or in the order of business, &c. The “ call to order ” 
mentioned in rule 35, on which, in case of an appeal, there can be no debate, 
has reference only to “transgressions of the rules in speaking,” or to iude- 
conim of any kind. See also rule 51, in which debate on an appeal, pending 
a call for the previous question, is prohibited. 

4 






50 


RULES OF THE 


4. Questions shall be distinctly put in this form, to wit: 

“As many as are of opinion that (as the question may 

be) say Ay;''"* and after the affirmative voice is expressed, 
“As many as are of the contrary opinion, say No;" If 
the Speaker doubt, or a division be called for, the House 
shall divide: those in the affirmative of the question shall 
first rise from their seats, and afterwards those in the nega¬ 
tive.* If the Speaker still doubt, or a count be required, 
the Speaker shall name two members, one from each side, 
to tell the members in the affirmative and negative; which 
being reported, he shall rise and state the decision to the 
House.— A'pril 7, 1789. No division and count of the 
House by tellers shall be in order, but upon motion 
seconded by at least one-fifth of a quorum of the mem¬ 
bers .—September 15, 1837. 

5. When any motion or proposition is made, the question, 
“Will the House now consider it?” shall not be put un¬ 
less it is demanded by some member, or is deemed 
necessary by the Speaker .—December 12, 1817. 

6. The Speaker shall examine and correct the Journal 
before it is read. He shall have a general direction of the 
hall. He shall have a right to name any member to per¬ 
form the duties of the Chair, but such substitution shall 
not extend beyond an adjournment .—December 23, 1811. 

• 

* The manner of dividing the House, as originally established by the rule 
of April 17, 1789, was, that the members who voted in the affirmative went to 
the right of the Chair, those in the negative to the left. This was, doubtless, 
taken from the old practice of the House of Commons of England. The 
passing of the members to and fro across the House was found so incon¬ 
venient, and took up so much time, that the mode of dividing the House was, 
on the 9th of Jmie, 1789, changed to the present form, the members of each 
side of the question rising in their seats and being there counted. 


HOUSE OP REPRESENTATIVES. 


51 


7. All committees shall be appointed by the Speaker, 
unless otherwise specially directed by the House, in which 
case they shall be appointed by ballot;* and if upon such 
ballot the number required shall not be elected by a 
majority of the votes given, the House shall proceed to a 
second ballot, in which a plurality of votes shall prevail; 
and in case a greater number than is required to compose 
or complete a committee shall have an equal number of 
votes, the House shall proceed to a further ballot or bal¬ 
lots .—January 13, 1790. 

8. The first named member of any committee shall be 
the chairman; and in his absence, or being excused by the 
House, the next named member, and so on, as often as the 
case shall happen, unless the committee, by a majority of 
their number, elect a chairmant .—December 28, 1805. 

* The rule, as originally adopted April 17, 1789, directed that the Speaker 
should appoint all committees, unless the nmnher was directed to consist of 
more than three members; in which case, the ballot was to be resorted to. 

t The occasion of this rule was this: Mr. John Cotton Smith, of Connec¬ 
ticut, had been chairman of the Committee of Claims for several years, and 
on the 5th November, 1804, was reappomted. On the succeeding day he was 
excused from service on the committee, and his colleague, Samuel W. Dana, 
was appomted “in his stead.” The committee considered Mr. Dana its chair¬ 
man ; he declined to act, contending that he was the tail. Being unable to 
agree, the committee laid the case before the House on the 20th November. 
Up to this time, there was no rule or regulation as to the head of a com¬ 
mittee ; the usage had been that the first named member acted; but it was 
usage only. The subject was referred to a committee. On the 22d Novem¬ 
ber, 1804, the committee reported, and recommended that the first named 
member be the chairman; and in case of his absence, or of his being excused 
by the House, the committee should appoint a chairman by a majority of its 
votes. The House rejected this proposition. The Committee of Claims the 
next day notified the House that, unless some order was taken in the prem¬ 
ises, no business could be done by the committee during the session; and 
thereupon, on the 20th December, 1805y> the House adopted the above rule. 




52 


RULES OF THE 


9. Any member may excuse himself from serving on 
any committee at the time of his appointment, if he is then 
a member of two other committees.— April 13, 1789. 

10. It shall be the duty of a committee to meet on the 
call of any two of its members, if the chairman be absent, 
or decline to appoint such meeting.— Decemher 20, 1805. 

11. In all other cases of ballot than for committees, a 
majority of the votes given shall be necessary to an elec¬ 
tion ; and where there shall not be such a majority on the 
first ballot, the ballots shall be repeated until a majority be 
obtained.— April 7, 1789. And in all ballotings blanks 
shall be rejected, and not taken into the count in enumeration 
of votes, or reported by the tellers.— Septemher 15, 1837. 

12. In all cases of ballot* by the House, the Speaker 
shall vote; in other cases he shall not be required to vote, 
unless the House be equally divided,*or unless his vote, if 
given to the minority, will make the division equal; and 
in case of such equal division, the question shall be lost.t— 
April 7,1789. 

In this case the Committee of Claims availed itself of the privilege contained 
in the last clause of the rule, and elected Mr. Dana chaimian, much against 
his wishes. 

* The word here used, in the original formation of the rule, was election. 
On the 14th January, 1840, it was changed to the word ballot. 

t On a very important question, taken December 9, 1803* on an amendment 
to the Constitution, so as to change the fonn of voting for President and Vice 
President, which required a vote of two-thirds, there appeared 83 in the 
affirmative, and 42 in the negative; it wanted one vote in the affirmative to 
make the constitutional majority. The Speaker, (Macon,) notwithstanding 
this prohibition of the rule, claimed and obtained his right to vote, and voted 
in the affirmative; and it was by that vote that the amendment to the Con¬ 
stitution was carried. The right of the Speaker, as a member of the House*, 
to vote on all questions, is secured by the Constitution; no act of the House 
cau take it from him when he choose;? to exercise it. 



HOUSE OF REPRESENTATIVES. 


53 


13. In all cases where other than members of the House 
may be eligible to an office by the election of the House, 
there shall be a previous nomination .—April 7, 1789. 

14. In all cases of election by the House of its officers, 
the vote shall be taken viva voce.—December 10, 1839. 

15. All acts, addresses, and joint resolutions, shall be 
signed by the Speaker; and all writs, warrants, and sub¬ 
poenas, issued by order of the House, shall be under his 
hand and seal, attested by the Clerk. —November 13,1794. 

16. In case of any disturbance or disorderly conduct in 
the galleries or lobby, the Speaker (or Chairman of the 
Committee of the Whole House) shall have power to order 
the same to be cleared.— March 14, 1794. 

17. No person except members of the Senate, their Sec- 
retar}^ Heads of Departments, Treasurer, Comptrollers, 
Registeis, Auditors, President’s Secretary, Chaplains to 
Congress, Judges of the United States, Foreign Ministers 
and their secretaries, officers who, by name, have received, 
or shall hereafter rdbeive, the thanks of Congress for their 
gallantry and good conduct displayed in the service of 
their country, the Governor, for the time being, of any State 
or Territory in the Union, such gentlemen as have been 
heads of departments or members of either branch of the 
National legislature, the members of the legislatures, for 
the time being, of the States and Territories, January 14, 
1850; and, at the discretion of the Speaker, persons who 
belong to such legislatures of foreign governments as are 
in amity with the United States, shall be admitted within 
the hall of the House of Representatives;* and no person, 

* The first rule for the admission within the hall of other than members, 
was adopted on the 7th January, 1802, and was confined to Senators, officer* 





54 


RULES OF THE 


not known to the doorkeeper to be entitled to the privilege 
of the floor, shall enter the hall, unless the doorkeeper 
shall be informed by a member that the individual is en¬ 
titled to admission under this rule, and in what capacity.— 
Januarij 14, 1850. 

18. Stenographers, wishing to take down the debates, 
ma}^ be admitted by the Speaker, who shall assign such 
places to them, on the floor or elsewhere, to effect their 
object, as shall not interfere with the convenience of the 
House .—January 7, 1802; modified to'present form, Decem¬ 
ber 23, 1811. 

of the General and State Governments, Foreign Ministers, and such persons 
as members might introduce.” On the 11th January, 1802, an attempt was 
made to amend so as to exclude persons “ introduced by members,” which 
failed. On the 8th November, 1804, a proposition was made to confine the 
privilege to Senators, which also failed. On the 17th December, 180.5, officers 
of State Governments were excluded. On the 1st of February, 1808, a propo¬ 
sition was made to admit ex-members of Congress and the judges of the 
Supreme Court; after a good deal of debate, it was rejected. On the 11th 
February, 1809, the rule was enlarged so as to adtnit judicial officers of the 
United States, as also ex-members of Congress. On the 25th February, 1814^ 
those who had been heads of departments were admitted. On the 10th 
February, 1815, officers who had received the thanks of Congress were in¬ 
cluded. On the 12th January, 1816, the Navy Commissioners. On the 21st 
February, 1816, Governors of States and Territories. March 13, 1822, the 
President’s Secretary. On the 26th January, 1833, the rule was further en¬ 
larged by admitting “ such persons as the Speaker or a member might intro¬ 
duce;'^ and on the 10th December, 1833, the House, by a vote almost unani¬ 
mous, rescinded that amendment. It has undergone no amendment since. 

This rule has been much abused by admitting members of State legisla¬ 
tures, under the clause relating to legislatures of foreign governments. To 
show how little ground there is for this construction, the House, on the 26th 
December, 1821, and 2d January, 1835, rejected motions to admit members 
of State legislatures. On the 4th January, 1819, a proposition to admit mem¬ 
bers of Congress elect was rejected. 


HOUSE OF REPRESENTATIVES. 


55 


19. No person shall be allowed the privilege of the 
hall, under the character of stenographer, without a written 
permission from the Speaker, specifying the part of the 
hall assigned to him; and no reporter or stenographer 
shall be admitted, under the rules of the House, unless such 
reporter or stenographer shall state, in writing, for what 
paper or papers he is employed to report .—March 1, 
1838. And no person shall be admitted, under the rules 
of the House, as a reporter or stenographer for any paper 
or papers, who shall be employed as an agent to prosecute 
any claim pending before Congress; and the Speaker shall 
give his written permission with this condition; and not 
more than one reporter or stenographer shall be assigned 
the same seat .—December 13, 1852. 

20. The doorkeeper shall execute strictly the 17th and 
18th rules, relative to the privilege of the hall .—March 1, 
1838. 

21. The Clerk of the House shall take an oath for the 
true and faithful discharge of the duties of his office, to the 
best of his knowledge and abilities .—April 13, 1789, and 
act June 1, 1789. He shall be deemed to continue in of¬ 
fice'until another be appointed .*—March 1, 1791. 


* There is no law, resolution, rule, or order, directing the appointment of 
the Clerk of the House. On the 1st of April, 1789, being the first day that a 
quorum of the House assembled under the new Constitution, the House im¬ 
mediately elected a Clerk by ballot, without a previous order having been 
passed for that purpose; although, in the case of a Speaker, who was chosen 
on the same day, an order was previously adopted. A Clerk has been regu¬ 
larly chosen at the commencement of every Congress since. 



56 


RULES OF THE 


ORDER OF BUSINESS OF THE SESSION. 

22. After six clays from the commencement of a seco nd 
or subsequent session of any Congress, all bills, resolu¬ 
tions,* and reports which originated in the House, and at 
the close of the next preceding session remained undeter¬ 
mined, shall be resumed and acted on in the same man¬ 
ner as if an adjournment had not taken place .—March 17, 
1848. 

ORDER OF BUSINESS OF THE DAY. 

23. As soon as the Journal is read, the Speaker shall 
call for petitions from the members of each State and dele¬ 
gates from each Territory, beginning with Mainet— De¬ 
cember 23, 1811, and the Territory of Wisconsin,! alter¬ 
nately —September 15, 1837; and if on any day the whole 
of the States and Territories shall hot be called, the 
Speaker shall begin on the next day where he left off the 
previous day —December 23, 1811: provided that, after the 
first thirty days of the session, petitions shall not be re¬ 
ceived, except on the first day of the meeting of the House 
in each week .—March 13, 1822. 


* The word “resolutions,” as here used, has been construed to apply to joint 
resolutions only. 

+ This was adopted before the State of Maine came into the Union; and the 
call commenced with New Hampshire. On the 13th March, 1822, it was 
altered so as to commence with Maine. ‘ 

t This rule was adopted before Iowa was constituted a Territory; and, al¬ 
though no order has been taken by the House, the Speaker substitutes Iowa 
for Wisconsin. 



HOUSE OF REPRESENTATIVES. 


57 


24. Petitions, memorials, and other papers addressed to 
the House, shall be presented by the Speaker, or by a 
member in his place; a brief statement of the contents 
thereof shall be made verbally by the introducer; diey 
shall not be debated on the very day of their being pre¬ 
sented; nor on any day assigned by the House for the 
receipt of petitions after the first thirty days of the session, 
unless where the House shall direct otherwise, but shall 
lie on the table, to be taken up in the order in which they 
were presented .*—September 14, 1837. Members having 
petitions and memorials to present may hand them to the 
Clerk, endorsing the same with their names, and the refer¬ 
ence or disposition to be made thereof; and such petitions 
and memorials shall be entered on the Journal, subject to 
the control and direction of the Speaker; and if any peti¬ 
tion or memorial be so handed in, which, in the judgment 
of the Speaker, is excluded by the rules, the same shall be 
returned to the member from whom it was received.— 
March 29, 1842. 

25. The petitions having been presented and disposed 
of, reports from committees shall be called for and dis¬ 
posed of —December 23, 1811; in doing which, the Speaker 
shall call upon each standing committee, in the order they 
are named in the 76th and 104th rules; and when all the 
standing committees shall have been called on, then it 
shall be the duty of the Speaker to call for reports from 
select comraittes; if the Speaker shall not get through the 

* With the exception of the clause commencing with the words—“ nor on 
any day assigned,” &c., this rule is in substance the same as it was originally 
established on the 7th April, 1789. 




58 


RULES OF THE 


call Upon the committees before the House jDasses to other 
business, he shall resume the next call where he left off.— 
September 15, 1837. Resolutions shall then be called for 
in ihe same order, and disposed of by the same rules 
which apply to petitions: provided that no member shall 
offer more than one resolution, or one series of resolutions, 
all relating to the same subject, until all the States and 
Territories shall have been called .—January 14, 1829. 

26. All the States and Territories shall be called for 
resolutions on each alternate Monday during each session 
of Congress; and, if necessary to secure this object on said- 
days, all resolutions which shall give rise to debate shall 
lie over for discussion, under the rules of the House al¬ 
ready established; and the whole of said days shall be 
appropriated to resolutions, until all the States and Terri¬ 
tories are called through.— Feh'uary 6, 1838. 

27. After one hour shall have been devoted to reports 
from committees and resolutions, it shall be in order, pend¬ 
ing the consideration or discussion thereof, to entertain a 
motion that the House do now proceed to dispose of the 
business on the Speaker’s table, and to the orders of the 
day —January 5, 1832; which being decided in the affirm¬ 
ative, the Speaker shall dispose of the business on his ta¬ 
ble in the following order, viz: 

1st. Message and other Executive communications. 

2d. Messages from the Senate, and amendments proposed 
by the Senate to bills of the House. 

3d. Bills and resolutions from the Senate on their first 
and second reading, that they be referred to committees 
and put under way; but if, on being read a second time, 


HOUSE OF REPRESENTATIVES. 


59 


no motion being made to commit, they are to be ordered 
to their third reading, unless objection be made; in 
which case, if not otherwise ordered by a majority of the 
House, they are to be laid on the table in the general file 
of bills on the Speaker’s table, to be taken up in their turn. 
4th. Engrossed bills and bills from the Senate on their 
third reading. 

5th. Bills of the House and from the Senate, on the Speak¬ 
er’s table, on their engrossment, or on being ordered to 
a third reading, to be taken up and considered in the 
order of time in which they passed to a second reading. 
The messages, communications, and bills on his table 
having been disposed of, the Speaker shall then proceed 
to call the orders of the day .—SejJtembcr 14,1837. 

28. The business specified in the 26th and 27th rules 
shall be done at no other part of the day, except by per¬ 
mission of the House .—December 23, 1811. 

LOCAL OR PRIVATE BUSINESS. 

29. Friday and Saturday in every week shall be set 
apart for the consideration of private bills and private busi¬ 
ness, in preference to any other, unless otherwise deter¬ 
mined by a majority of the House .—Jamiary 22,1810, and 
Ja7iuary 26, 1826.* 


* Under the rule of 26th April, 1828, relative to a postponement or change 
of the order of business, it has been decided that it takes two-thirds to pro¬ 
ceed to public business on Friday and Saturday. The reason of this decision 
is, that the rule of the 26th April, 1828, made no exception in favor of the 
clause, for a majority, contained in this rule, and that therefore that provision 
was annulled. There have been three appeals upon this point, but the House 
in all instances affiimed the decision in favor of two-thirds. 


60 


RULES OF THE 


30. On the first and fourth Friday of each month, the 
calendar of private bills shall be called over, (the chair¬ 
man of the Committee of the Whole House commencing 
the call where he left off the previous day,) and the bills 
to the passage of which no objection shall then be made 
shall be first considered and disposed of .—January 25, 
1S39. 

OF DECORUM AND DEBATE. 

31. When any member is about to speak in debate, or 
deliver any matter to the House, he shall rise from his seat 
and respectfully address himself to “ Mr. Speaker”— 

1789; and shall confine himself to the question 
under debate, and avoid personality .—December 23, 1811. 

32. Members may address the House or committee 
from the Clerk’s desk, or from a place near the Speaker’s 
chair. 

33. When two or more members happen to rise at once, 
the Speaker shall name the member who is first to 
speak .—Ajnil 7, 1789. 

34. No member shall occupy more than one hour in de¬ 
bate on any question in the House, or in committee; but 
a member reporting the measure under consideration from 
a committee may open and close the debate: provided, 
that where debate is closed by order of the House, any 
member shall be allowed, in committee, five minutes to 
explain any amendment he may offer, after which any 
member who shall first obtain the floor shall be allowed to 
speak five minutes in opposition to it, and there shall be no 
further debate on the amendment; but the same privilege 
on debate shall be allowed in favor of and against any 


HOUSE OF REPRESENTATIVES. 


61 


amendment that may be offered to the amendment; and 
neither the amendment nor an amendment to the amend¬ 
ment shall be withdrawn by the mover thereof, unless by 
the unanimous consent of the committee .*—December 18, 
1847. 

35. If any member, in speaking or otherwise, transgress 
the rules of the House, the Speaker shall, or any member 
may call to order; in which case, the member so called to 
order shall immediately sit down, unless permitted to ex¬ 
plain ; and the House shall, if appealed to, decide on the 
case, but without debate:! if there be no appeal, the de¬ 
cision of the Chair shall be submitted to. If the decision 
be in favor of the member called to order, he shall be at 
liberty to proceed; if otherwise, he shall not he permitted to 
proceed, in case any member object, without leave of the House ; j: 
and if the case require it, he shall be liable to the censure 
of the House .—April 7, 1789, arid March 13, 1822. 

36. If a member be called to order for words spoken in 
debate, the person calling him to order shall repeat the 
words excepted to, and they shall be taken down in writ¬ 
ing at the Clerk’s table; and no member shall be held to 
answer, or be subject to the censure of the House, for 

* Although this was not finally adopted as a rule of the House until .the 7th 
July, 1841, motions had been repeatedly made to the same effect for about 
twenty years preceding. In consequence of adopting the rules of the Twenty- 
sixth Congress at the second session of the Twenty-seventh Congress, the 
amendments (and this was one) made at the extra session of the Twenty- 
seventh Congress fell. It was again adopted June 13, 1842. 

t See rule 2, with note appended to it. 

t That part of this rule which is printed in italic was adopted on the 13th 
March, 1822, A\ith the exception of the words “in case any member object,” 
which were inserted on the 14th September, 1837. 


62 


RULES OF THE 


words spoken in debate, if any other member has spoken, 
or otiier business has intervened, after the words spoken, 
and before exception to them shall have been taken.— Sej^- 
temhar 14, 1837. 

37. No member shall speak more than once to the same 
question, without leave of the House *—April 7, 1789— 
unless he be the mover, proposer, or introducer of the mat¬ 
ter pending; in which case he shall be permitted to speak 
in reply, but not until every member choosing to speak 
shall have spoken .—Jamiarij 14, 1840. 

38. If a question,depending be lost by adjournment of 
the House, and revived on the succeeding day, no member 
who shall have spoken on the preceding day, shall be per¬ 
mitted again to speak without leave.t —April 7, 1789. 

39. While the Speaker is putting any question, or ad¬ 
dressing the House, none shall walk out of or across the 
House; nor in such case, or when a member is speaking, 
shall entertain private discourse; nor while a member is 
speaking shall pass between him and the chair .—April 7, 
1789. Every member shall remain uncovered during the 
session of the House .—September 14, 1837. No member 
or other person shall visit or remain by the Clerk’s table 

* This rule, as originally adopted on the 7th April, 1789, permitted a mem¬ 
ber to speak twice, and ended with the word House. It remained unchanged 
until the 14th January, 1840, when it was established as it now stands. 

+ There is no proceeding in the House to which this rule can be applied. 
It was originally framed in reference to that law of Parliament which says 
that all pending questions are lost by adjournment, and to be again considered 
must be moved anew. In the rules as revised and established on the 7th 
January, 1802, the prohibition to speak on the next day was confined to those 
who had spoken twice on the preceding day. It so remained imtil the 14th 
January, 1840, when the word twice was left out. 


HOUSE OF REPRESENTATIVES. 


63 


while the ayes and noes are calling, or ballots are count¬ 
ing.— Seiitemher 14, 1837. 

40. No member shall vote on any question in the event 
of which he is immediately and particularly interested,* or 
in any case where he was not within the bar of the House 
when the question was put.t— April 7, 1789. And when 
any member shall ask leave to vote, the Speaker shall pro¬ 
pound to him the question, “ Were you within the bar when 
your name was called?''’*—September 14. 1837. 

41. Upon a division and count of the House on any 
question, no member without the bar shall be counted.— 
November 13, 1794. 

42. Every member who shall be in the House when the 
question is put shall give his vote, unless the House, for 
special reason, shall excuse him.f— April 7, 1789. All 
motions to excuse a member from voting shall be made 
before the House divides, or before the call of the yeas 
and nays is commenced; and the question shall then be 
taken without further debate.— September 14, 1837.^ 

* Of late, differences of opinion have occasionally arisen as to the kind of 
interest alluded to in this rule. It has been contended to apply to members 
who were merchants or manuficturers, or engaged in other business to be 
affectbd by tariffs or other bills touching rates of duties, &c. This construc¬ 
tion has never been sustained by the House. The original construction, and 
the only true one, is direct personal or pecuniary interest. 

t As originally adopted, the word present was used in this rule where the 
words within the bar of the House'' now appear. The alteration was made 
on the 14th September, 1837. 

+ By rule 41, the date of which is subsequent in date to this, a member who 
may be “in the House” is not allowed to vote unless he be “ within the bar," 
upon a division or count of the House. 

$ That part of rule 42 which allowed a brief verbal statement of reasons to 
be given by any member for requesting to be excused from voting,'rescinded 
January 2, 1845 .—Journal U. R. 115. 



64 


RULES OF THE 


43. When a motion is made and seconded, it shall be 
stated by the Speaker; or, being in writing, it shall be 
handed to the Chair, and read aloud by the Clerk, before 
debated.— April 7, 1789. 

44. Every motion shall be reduced to writing if the 
Speaker or any member desire it.— April 7, 1789. Every 
written motion made to the House shall be inserted on the 
Journals, with the name of the member making it, unless 
it be withdrawn on the same day on which it was submit¬ 
ted.— March 26, 1806. 

45. After a motion is stated by the Speaker, or read by 
the Clerk, it shall be deemed to be in the possession of 
the House; but may be withdrawn at any time before a 
decision or amendment.— April 7, 1789. 

46. When a question is under debate, no motion shall be 
received but to adjourn, to lie on the table, for the pre¬ 
vious question, to postpone to a day certain, to commit or 
amend, to postpone indefinitely; which several motions 
shall have precedence in the order in which they are ar¬ 
ranged*— March 13, 1822; and no motion to postpone to 

*This rule, as originallj^ established, April 7, 1789, read thus: “WTien a 
question is under debate, no motion shall be received unless to amend it, to 
commit it, for the previous question, or to adjourn.^' On the 13th Noveniber, 
1794, the motion to postpone to a day certain was introduced next after the 
previous question. On the 17th December, 1805, the rule was changed as 
follows: 1st, the previous question; 2d, to postpone indefinitely; 3d, to post¬ 
pone to a day certain; 4th, to lie; 5th, to commit; 6th, to amend; 7th, to 
adjourn. On the 23d December, 1811, the order was changed as follows: 1st, 
to adjourn; 2d, to lie; 3d, the previous question; 4th, to postpone indefinitely; 
5th, to postpone to a day certain; 6th, to commit; 7th, to amend. On the 
13th March, 1822, they were classed as above, and were declared, for the first 
time, to have precedence accordmg to their arrangement; previous to which, 
the notions X)f the Speaker often governed as to the precedence of these mo¬ 
tions, and hence the direction of the rule. 


HOUSE OF REPRESEXTATIVES. 


65 


a day certain, to commit, or to postpone indefinitely, be¬ 
ing decided, shall be again allowed on the same day, and 
at the same stage of the bill or proposition. 

47. When a resolution shall be offered, or a motion 
made, to refer any subject, and different committees shall 
be proposed, the question shall be taken in the following 
order: 

The Committee of the Whole House on the state of the 
Union; the Committee of the Whole House; a Standing 
Committee; a Select Committee .—March 13, 1822. 

48. A motion to adjourn, and a motion to fix the day to 
which the House shall adjourn, shall be always in order*— 
Apil 7, 1789, aiid January 14, 1840; these motions, and 
the motion to lie on the table, shall be decided without 
debate.! —November 13, 1794; March 13, 1822. 

49. The hour at which every motion to adjourn is made 
shall be entered on the Journal .—October 9, 1837. 

50. The previous question shall be in this form: “Shall 
the main question be now put ?”—April 7, 1789. It shall 

* It has been decided and acted upon, that, under this rule, “ a motion to 
fix the day to which the House shall adjouni ” takes precedence of a motion 
to adjourn. The reason of this decision is, that, before the House adjourned, 
it was proper to fix the time to which it should adjouni. To this decision, 
and upon this reasoning, no objection has been nfade. 

+ In the first rules established by the House on the 7th April, 1789, it was 
directed that “ when the House adjounis, the members shall keep their seats 
until the Speaker goes forth, and then the members shall follow.” This rule 
was left out of the rules established 13th November, 1794. On the 13th 
March, 1822, a rule was adopted prohibiting a motion to adjourn before four 
o’clock, if there was a pending question; it Mas rescinded on the 13th of 
March, 1824. On the 13th of March, 1822, a rule was also adopted against 
the rising of the Committee of the Whole before four o’clock, which was ab¬ 
rogated on the 25th of March, 1824. 

5 


66 


RULES OF THE 


only be admitted when demanded by a majority of the 
members present— February 2^, 1812; and its effects shall 
be to put an end to all debate, and bring the House to a 
direct vote upon a motion to commit, if such motion shall 
have been made; and if this motion does not prevail, then 
upon amendments reported by a committee, if an^y then— 
August 5, 1848—upon pending amendments, and then 
upon the main question.— January 14, 1840. On a motion 
for the previous question,* and prior to the seconding of 
the same, a call of the House shall be in order; but after 
a majority shall have seconded such motion, no call shall 
be in order prior to a decision of the main question.!— 
Seiitember 14, 1837. 

* The previous question was recognised in the rules established April 7, 
1789, and could be demanded by five members, (the parliamentary law places 
it in the power of two members—one to move, the other to second.) On the 
23d December, 1811, it was placed on a footing with the yeas and nays: that 
is, at the command of one-fifth of the members present. It remained so imtil 
the 24th February, 1812, when the rule was changed to its present form of a 
majority. According to former practice, the previous question brought the 
House to a direct vote on the main question; that is, to agree to the main 
proposition, to the exclusion of all amendments and incidental motions; but 
on the 14th January, 1840, it was changed to its present form—first to em¬ 
brace pending amendments, and then the main proposition. 

The original intent of thq, previous question was, to ascertain the sense of 
the House, in the early stages of a subject, as to the propriety of entertaining 
the matter; and, if decided affinnatively, the debate went on; if decided nega¬ 
tively, the debate ceased, and the subject passed from before the House with¬ 
out motion or further question. This was the practice in Congress under the 
Confederation; and it is still the practice in the British Parliament. Now, by 
the practice of the House, as well as by the terms of the rule, it is reversed: 
if the motion for the previous question is decided in the affirmative, debate 
ceases, and the House proceeds to vote; if in the negative, the proceedings 
go on as if the motion for the previous question had not been made. 

t See rules 63 and 64, for mode of proceeding in a call of the House. 


HOUSE OF REPRESENTATIVES. 


67 


51. On a previous question there shall be no debate.*— 
December 17,1805. All incidental questions of order arising 
after a motion is made for the previous question, and pend¬ 
ing such motion, shall be decided, whether on. appeal or 
otherwise, without debate.— September 15, 1837. 

52. When a question is postponed indefinitely, the same 
shall not be acted upon again during the session.— December 
17, 1805. 

53. Any member may call for the division of a question, 
which shall be divided if it comprehend propositions in 
substance so distinct that, one being taken away, a sub¬ 
stantive proposition shall remain for the decision of the 
House.— September 15, 1837. A motion to strike out and 
insert shall be deemed indivisible— December 23, 1811; 
but a motion to strike out being lost, shall preclude neither 
amendment nor a motion to strike out and insert.— March 
13, 1822. 

54. Motions and reports may be committed at the 
pleasure of the House.— April 7, 1789. 

55. No motion or proposition on a subject different from 
that under consideration shall be admitted under color of 
amendment.!— March 13, 1822. No bill or resolution 

* The lilies, as established 7th April, 1789, allowed each member to speak 
once on the previous question; that is, ^hall the main question be now put? 
and so remained imtil the 17th December, 1805, when debate was prohibited; 
yet, on the 15th December, 1807, after the previous question had been ordered, 
the House, on an appeal from the Speaker, reversed his decision, and decided 
that the main question was open to further debate 103 to 14, no party vote. 
This decision was reaffirmed by the House December 2, 1808—yeas 101, 
nays 18. 

t This rule was oiiginally established on the 7th April, 1789, and was in 
these words: “ No new motion or proposition shall be admitted, under color 


68 


RULES OF THE 


shall, at any time, be amended by annexing thereto, or 
incorporating therewith, any other bill or resolution pend¬ 
ing before the House.*— Sei)temher 15, 1837. 

56. When a motion has been once made, and carried in 
the affirmative or negative, it shall be in order for any mem¬ 
ber of the majority to move for the reconsideration thereof— 
^^Jaiiuary 7, 1802—on the same or succeeding day— De- 
cemher 23, 1811; and such motion shall take precedence 
of all other questions, except a motion to adjournt —May 

of amendment, as a substitute for the motion or proposition under debate.” 
On the 13th March, 1822, it was changed to its present form, m which the 
words new and substitute do not appear. 

* The latter clause of this nile was adopted at the first session of the 25th 
Congress; and, as originally reported by the committee, the following words 
were contained at the end of it: “Nor by any proposition containing the sub¬ 
stance, in whole or in part, of any other bill or resolution pending before the 
House.” These words were stricken out by the House before it would agree 
to the imle; by which it would seem to be decided that a bill or resolution 
might be amended by incorporating therein the substance of any other bill or 
resolution before the House. Such has been the general practice of the 
House. 

t A difference of opinion and a discrepancy in action have sometimes 
occurred in administering this rule. Twenty years ago, and previously, a 
motion to reconsider could not be made after the subject was disposed of, 
if there was another subject before the House, until that subject had 
passed away; it was then often too late to make the motion. It was un¬ 
der this practice that Mr. Randolph was unable to move a reconsideration 
of the settlement of the celebrated Missouri question, (notice of which he 
gave out of time,) as, before he could do so, the bill had been taken to 
the Senate. The practice, of late years, has been changed, so as to allow 
the motion to reconsider to be made at any moment within the prescribed 
time. If the motion be made when a different subject is before the House, 
it is entered, and remains until that subject is disposed of, and then “takes 
precedence of all other business, except a motion to adjourn.” When any 
final vote has been taken, and a motion made to reconsider, that motion 


HOUSE OF REPRESENTATIVES. 


69 


6, 1828—and shall not be withdrawn after the said suc¬ 
ceeding day without the consent of the House; and there¬ 
after any member may call it up for consideration .—March 
2, 1848. 

57. When the reading of a paper is called for, and the 
same is objected to by an}^ member, it shall be determined 
by a vote of the House .*—November 13, 1794. 

58. The unfinished business in which the House was 
engaged at the last preceding adjournment shall have the 
preference in the orders of the day; and no motion on any 
other business shall be received, without special leave of 
the House, until the former is disposed of .—November 13, 
1794. 

59. Every order, resolution, or vote, to which the con¬ 
currence of the Senate shall be necessary, shall be read to 
the House, and laid on the table, on a day preceding that 
in which the same shall be moved, unless the House shall 
otherwise expressly allow .—April 7, 1789. 

60. The name of the member who presents a petition or 
memorial, or who offers a resolution to the consideration of 


may be laid on the table; in which case, according to the practice of sev¬ 
eral years past, the vote stands as though the motion to reconsider had 
not been made. This is correct; as, if the House wished to retain the 
matter, it would agree to the motion to reconsider, instead of laying it on 
the table. Motions to reconsider should be promptly acted on, otherwise it 
is in the power of a single member (voting on the strong side against his 
sentiments, solely for the purpose of placing himself in a situation to make 
the motion) to arrest business which a majority have determined to des¬ 
patch. 

* As originally adopted, this rule contained, after the word “for,” the 
words “which had before been read to the House.” They were stricken 
out on the 14th December, 1795. 


70 


RULES OF THE 


the House, shall be inserted on the Journals.— March 22, 
1806. 

61. A proposition requesting information from the Presi¬ 
dent of the United States, Or directing it to be furnished by 
the head of either of the executive departments, or by the 
Postmaster General— December 13, 1820—or to print an 
extra number of any document or other matter, excepting 
messages of the President to both houses at the commence¬ 
ment of each session of Congress, and the reports and doc¬ 
uments connected with or referred to in it, shall lie on the 
table one day for consideration, unless otherwise ordered 
by the unanimous consent of the House— December 13, 
1820; and all such propositions shall be taken up for con¬ 
sideration in the order they were presented, immediately 
after reports are called for from select committees; and, 
when adopted, the Clerk shall cause the same to be de¬ 
livered.— January 22, 1822. 

62. Upon calls of the House, or in taking the yeas and 
nays on any question, the names of the members shall be 
called alphabetically.— Apil 7,1789. 

63. Upon the call of the House, the names of the mem¬ 
bers shall be called over b}^ the Clerk, and the absentees 
noted: after which the names of the absentees shall aaain 
be called over; the doors shall then be shut, and those for 
whom no excuse or insufficient excuses are made may, by 
order of those present, if fifteen in number, be taken into 
custody as they appear, or may be sent for and taken into 
custody, wherever to be found, by special messengers to be 
appointed for j;hat purpose.*— November 13, 1789, and De¬ 
cember 14, 1795. 

* The rule as originally established in relation to a call of the House, 
which was on the 13th of November, 1789, differed from the present rule 


HOUSE OF REPRESENTATIVES. 


71 


64. When a member shall be discharged from custody, 
and admitted to his seat, the House shall determine whether 
such discharge shall be with or without paying fees; and 
in like manner, whether a delinquent member, taken into 
custody by a special messenger, shall or shall not be liable 
to defray the expense of such special messenger.— Novem¬ 
ber 13, 1794. 

65. Any fifteen members (including the Speaker, if there 
be one) shall be authorized to compel the attendance of 
absent members .—April 17,1789. 

66. No member shall absent himself from the service of 
the House, unless he have'leave, -or be sick, or unable to 
attend .—April 13, 1789. 

67. A Sergeant-at-arms shall be appointed, to hold his 
office during the pleasure of the House, whose duty it shall 
be to attend the House during its sittings; * to execute the 
commands of the House from time to time, together with 
all such process, issued by authority thereof, as shall be 
directed to him by the Speaker .—Apiil 14, 1789. 


in this: there was one day’s notice to he given, and it required a vote of 
the House, and not fifteen members, to order a member into custody. It 
was changed to its present form on the 14th December, 1795. On the 7th 
January, 1802, it was changed back to its original form, to require “an 
order of the House” to take absent members into custody, and so re¬ 
mained until the 23d December, 1811, when it was again changed to what 
it is now— i. e., fifteen members. 

* In the rules established November 13,1794, the Sergeant was empowered 
to appoint a “special messenger” to execute the commands of the House. 
This authority was stricken from the rules established on the 14th December, 
1795. 


72 


RULES OF THE 


68. The symbol of his office (the mace) shall be borne 
by the Sergeant-at-arms when in the execution of his office.* 
Ajnil 14, 1789. 

69. The fees of the Sergeant-at-arms shall be, for every 
arrest, the sum.of two dollars; for each da^^’s custody and 
releasement, one dollar; and for travelling expenses for 
himself or a special messenger, going and returning, one- 
tenth of a dollar per mile .—April 14, 1789. 

70. It shall be the duty of the Sergeant-at-arms to keep 
the accounts for pay and mileage of members, to prepare 
cliecks, and, if required to do so, to draw the money on 
such checks for the members, (the same being previously 
signed by the Speaker, and endorsed by the member,) and 
pay* over the same to the member entitled thereto .—April 
4, 1838. 


* At the time this rule was adopted, “ a proper symbol of office ” for the 
Sergeant-at-arms was directed to be provided, “of such form and device as 
the Speaker should direct.” In pursuance of this order, a mace, or “ symbol,” 
was procured, which represented the Roman fasces, made of ebony sticks, 
bound transversely with a thin silver band, terminating in a double tie or 
beau-knot near the top; at each end a silver band an inch deep, and on the 
top of each of the rods a small silver spear. A stem of silver, three-fourths of 
an inch in diameter, and two inches long, from the centre of the fasces, sup¬ 
ported a globe, of silver, about two and a half inches in diameter, upon which 
was an eagle, his claws grasping the globe, and just in the act of flight, his 
wings somewhat more than half extended. The eagle was massive silver, 
richly carved. The design was fine, and its whole execution beautiful; the 
entire height about three feet. The mace was destroyed at the conflagra¬ 
tion of the Capitol on the 24th August, 1814, and was not replaced until 
recently. A temporary one was hastily gotten up (of common pine and 
painted) for the then next session of Congress, and was tolerated till the 
session of 1841-’42, when the splendid one now in use was procured. 



HOUSE OF REPRESENTATIVES. 


73 


71. The Sergeant-at-arms shall give bond, with surety, 
to the United States, in a sum not less than five nor more 
than ten thousand dollars, at the discretion of the Speaker, 
and with such surety as the Speaker may approve, faith¬ 
fully to account for the money coming into his hands for the 
pay of members .—April 4, 1838. 

72. The Sergeant-at-arms shall be sworn to keep the se¬ 
crets of the House .—December 23, 1811. 

73. A Doorkeeper shall be appointed for the service of 
the House .*—April 2, 1789. 

74. The Doorkeeper shall be sworn to keep the secrets 
of the House .—December 23, 1811. 

75. The Postmaster, to superintend the post office kept 
in the Capitol for the accommodation of the members, shall 
be appointed by the House, t —April 4, 1838. 

76. Twenty-eight standing committees shall be appoint¬ 
ed at the commencement of each session, viz: 


* The rule of 1789 provided for the appointment of an Assistant Door¬ 
keeper, and so continued until Colonel John W. Hunter, the incumbent, 
died, in December, 1841, and the House, on the 13th of that month, abol¬ 
ished the office. 

t Immediately after the organization of the government under the present 
Constitution, a room was set apart in the Capitol for the reception and 
distribution of letters and packets to and from members of the House, 
without an order for tl^t pui'pose, and was called the post office; it was 
superintended by the Doorkeeper and his assistants. On the 9th of April, 
1814, a special allowance was made to the Doorkeeper to meet the expen¬ 
ses of this office, and he was authorized to appoint a postmaster. The office 
continued on this footing till April 4, 1838, when an order was passed, as 
above, for the appointment of the postmaster by the House itself. 


74 


RULES OF THE 


A Committee of Elections.— Nov. 13, 1789. 

A Committee of Ways and Means.— Jan. 7, 1802. 

A Committee of Claims.— Nov. 13, 1794.* 

A Committee on Commerce.— Dec. 14, 1795.t 
A Committee on the Public Lands.— Dec. 17, 1805.t 
A Committee on the Post Office and Post Koads.— Nov. 9, 


To consist of 
} nine mem¬ 


bers each. 


1808.$ 


* Originally, the Committee of Claims was charged ^^ith revolutionary 
and land claims, and all sorts of pensions. On the 22d December, 1813, 
the duties of that committee were divided, and a committee was appointed, 
called the Committee on Pensions and Revolutionary Claims. On the 9th 
of December, 1825, a separate Committee on Revolutionary Pensions was 
created, leaving the business of Invalid pensions to the committee created 
on the 22d December, 1813. On the 13th December, 1825, four days after 
its mstitution, the designation of the Committee on Eevolutionary Pensions 
was changed to the Committee on Military Pensions, and it was charged 
with both revolutionaiy and invalid pensions. On the 10th January, 1831, 
the Committee on Military Pensions became the present Connnittee on Rev¬ 
olutionary Pensions, and an additional committee was created called the 
Committee on Invalid Pensions and the.pension business was apportioned 
to the two committees, as set out in the duties assigned to the committees. 

t This committee was originally a Committee on Commerce and Manu¬ 
factures. On the 8th December, 1819, a Committee on Manufactures was 
constituted, but no duties have been assigned to that connnittee in the 
rules. 

tThe 3d of January, 1805, was the first time at which it was proposed 
to appoint a Committee on Public Lands. The proposition was then made 
by Mr. John Boyle, of Kentucky, and was rejected. On the 17th December, 
1805, the committee was constituted for the first time. Previous to that 
day the business relating to the lands of the Unite^ States was sent either 
to the Committee of Claims or to a select committee, and frequently in 
parts to both. 

$ From the earliest stages of the government, a select committee was 
annually raised upon the subject of “the Post Office and Post Roads,” and 
was always composed of a member from each State. A standing commit¬ 
tee was instituted on the 9th November, 1808, and, like the select com¬ 
mittees, was directed to be composed of a member from each State. On 
the 23d December, 1811, it was directed to be composed of the same num¬ 
ber of members as the other standing committees. 




HOUSE OF REPRESENTATIVES. 


75 


A Committee for the District of Columbia.— Jan. 27, 1808. 

A Committee on the Judiciary.— June 3, 1813. 

A Committee on Eevolutiona^ Claims.— Dec. 22, 1813.* 

A Committee on Public Expenditures.— Feb. 26, 1814. 

A Coumiittee on Private Land Claims.— April 29, 1816.t 
A Committee on Manufactures.— Dec. 8, 1819.t 
A Committee on Agriculture.— May 3, 1820.t 
A Committee on Indian Affairs.— Dec. 18, 1821 .f 
A Committee on Military Affairs.— March 13, 1822. 

A Committee on the Militia.— Dec. 10, 1835. 

A Committee on Naval Affairs.— March 13, 1822. 

A Committee on Foreign Affairs.— March 13, 1822. 

A Committee on the Ten-itories.— Dec. 13, 1825. 

A Committee on Revolutionary Pensions.— Dec. 9, 1825.$ 

A Committee on Invalid Pensions.— Jan. 10,1831. 

A Committee on Roads and Canals.— Dec. 15, 1831. 

A Committee on Patents.— Sept. 15, 1837. 

A Committee on Public Buildings and Grounds.— Sept. 15, 

1837. 

A Committee of Eevisal and Unfinished Business.— Dec. 14, 

1795. 

A Committee of Accounts.— Nov. 7, 1804.11 
A Committee on Mileage.— Sept. 15, 1837. 

A Committee on Engraving, to consist of three members.— March 16, 1844. 

77. It shall be the duty of the Committee of Elections 
to examine and report upon the certificates of election, or 

* See note (*) page 74. 

t 'When the Committee on Private Land Claims was first constituted, it 
was composed of five members, two less than the other committees. On 
the 19th December, 1817, it was directed to be composed of seven mem¬ 
bers. 

t There are no duties assigned to the Committees on Manufactures, Agri¬ 
culture, and Indian Affairs, in the rules. 

$ See note (*) page 74. 

II The Committee of Accounts was first constituted as a select committee 
on the 7th November, 1804; it was made a standing committee December 
17, 1805. 


To consist of 
^ nine mem¬ 
bers each. 


To consist of 
} five mem¬ 
bers each. 







76 


RULES OF THE 


Other credentials, of the members returned to serve in this 
House; and to take into their consideration all such peti¬ 
tions and other matters touching elections and returns as 
shall or may be presented or come into question, and be re¬ 
ferred to them by the House .—November 13, 1789; Novem¬ 
ber 13, 1794. 

78. It shall be the duty of the Committee of \Va 3 ^s and 
Means to take into consideration all such reports of the 
Treasury Department, and all such propositions relative to 
the revenue, as may be referred to them by the House; to 
inquire into the state of the public debt or the revenue, and 
of the expenditure; and to report, from time to time, their 
opinion thereon; [to examine into the state of the several 
public departments, and particularly into the laws making 
appropriations of moneys, and to report whether the moneys 
have been disbursed conformably with such laws; and also 
to report, from time to time, such provisions and arrange¬ 
ments as may be necessary to add to the economy of the 
departments, and the accountability of their officers.]*— 
January 7, 1802. 

In preparing bills of appropriations for other objects, the 
Committee of Ways and Means shall not include appropri¬ 
ations for carr}dng into effect treaties made by the United 
States; and where an appropriation bill shall be referred 

* That portion of the duty of the Committee of Ways and Means which 
is printed A\ithin brackets was originally adopted on the 7th Januaiy, 1802. 
On the 26th February, 1814, the Committee on Public Expenditures was 
created and added to the list of standing committees. The duties of this 
latter committee are exactly those contained in that portion of the duties 
of the Committee of Ways and Means which is refen-ed to in this note as 
within brackets. (See mle 89.) The words ought to be stricken from the 
specification of the duties of the Committee of Ways and Means. 


HOUSE OF REPRESENTATIVES. 


77 


to them for their consideration, which contains appropria¬ 
tions for carrying a treaty into effect, and for other objects, 
they shall propose such amendments as shall prevent ap¬ 
propriations for carrying a treaty into effect being included 
in the same bill with appropriations for other objects.— 
Januarij 30, 1819. 

79. It shall also be the duty of the Committee of Ways 
and Means, within thirty days after their appointment, at 
every session of Congress, commencing on the first Monday 
of December, to report the general appropriation bills—for 
the civil and diplomatic expenses of government; for the 
arm}"; for the navy; and for the Indian department and 
Indian annuities; or, in failure thereof, the reasons of such 
failure .—September 14, 1837. 

80. General appropriation bills shall be in order in pref¬ 
erence to any other bills of a public nature, unless other¬ 
wise ordered by a majority of the House .—Septemher 14, 
1837. 

No. 81. No appropriation shall be reported in such gen¬ 
eral appropriation bills, or be in order as an amendment 
thereto, for any expenditure not previously authorized by 
law —Septemher 14, 1837—unless in continuation of appro¬ 
priations for such public works and objects as are already 
in progress, and for the contingencies for carrying on the 
several departments of the Government .—March 13, 1838. 

82. It shall be the duty of the Committee of Claims to 
take into consideration all such petitions and matters or 
things touching claims and demands on the United States as 
shall be presented, or shall or may come in question, and 
be referred to them by the House; and to report their 
opinion thereupon, together with such propositions for rehef 


78 


RULES OF THE 


therein as to them shall seem expedient .—November 13, 
1794. 

83. It shall be the duty of the Committee on Commerce 
to take into consideration all such petitions and matters or 
things touching the commerce of the United States as shall 
be presented, or shall or may come into question, and be 
referred to them by the House; and to report, from time to 
time, their opinion thereon .*—December 14, 1795. 

84. It shall be the duty of the Committee on the Public 
Lands to take into consideration all such petitions and mat¬ 
ters or things respecting the lands of the United States as 
shall be presented, or shall or may come in question, and 
be referred to them by the House; and to report their 
opinion thereon, together with such propositions for relief 
therein as to them shall seem expedient .—December 17, 
1805. 

85. It shall be the duty of the Committee on the Post 
Office and Post Roads to take into consideration all such 
petitions and matters or things touching the post office and 
post roads as shall be presented, or shall come in question, 
and be referred to them by the House; and to report their 
opinion thereon, together with such propositions relative 
thereto as to them shall seem expedient .—November 9,1808. 

86. It shall be the duty of the Committee for the Dis¬ 
trict of Columbia to take into consideration all such peti- 


* This committee was originally a Committee on Commerce and Manufac¬ 
tures. On the 8th December, 1819, a separate Committee on Manufactures 
was constituted, and the duties of the original Committee on Commerce and 
Manufactures have been confirmed, as above, by leaving out the words “ and 
Manufactures.''^ There are no duties assigned in these rules to the Commit¬ 
tee on Manufactures. 


HOUSE OP REPRESENTATIVES. 


79 


tions and matters or things touching the said District as 
shall be presented, or shall come in question, and be re¬ 
ferred to them by the House; and to report their opinion 
thereon, together with such propositions relative thereto as 
to them shall seem expedient. —January 27,-1808. 

87. It shall be the duty of the Committee on the Ju¬ 
diciary to take into consideration such petitions and matters 
or things touching judicial proceedings as shall be presented, 
or may come in question, and be referred to them by the 
House; and to report their opinion thereon, together with 
such propositions relative thereto as to them shall seem ex¬ 
pedient .—June 3, 1813. 

88. It shall be the duty of the Committee on Revolution¬ 
ary Claims to take into consideration all such petitions and 
matters or things touching claims and demands originating 
in the revolutionaiy war, or arising therefrom, as shall be 
presented, or shall or may come in question, and be referred 
to them by the House; and to report their opinion there¬ 
upon, together with such propositions for relief therein as 
to them shall seem expedient. —December 22, 1813. 

89. It shall be the duty of the Committee on Public Ex¬ 
penditures to examine into the state of the several public 
departments, and particularly into laws making appropria¬ 
tions of money, and to report whether the moneys have 
been disbursed conformably with such laws; and also to 
report, from time to time, such provisions and arrangements 
as may be necessary to add to the economy of the depart¬ 
ments, and the accountability of their officers .*—February 
26, 1814. 

* See note to nile 78. And further: on the 30th March, 1816, six Com¬ 
mittees on Expenditures in the several departments of the government were 


80 


RULES OF THE 


90. It shall be the duty of the Committee on Private 
Land Claims to take into consideration all claims to land 
which may be referred to them, or shall or may come in 
question; and to report their opinion thereupon, together 
with such propositions for relief therein as to them shall 
seem expedient.— Aj)nl 29, 1816. 

91. It shall be the duty of the Committee on Military 
Affairs to take into consideration all subjects relating to the 
military establishment and public defence which may be 
referred to them by the House, and to report their opinion 
thereupon; and also to report, from time to time, such mea¬ 
sures as may contribute to economy and accountability in 
the said establishment .—March 13, 1822. 

92. It shall be the duty of the Committee on the Militia 
to take into consideration and report on all subjects con¬ 
nected with the organizing, arming, and disciplining the 
militia of the United States .—December 10, 1835. 

93. It shall be the duty of the Committee on Naval Af¬ 
fairs to take into consideration all matters which concern 
the naval establishment, and which shall be referred to them 
by the House, and to report their opinion thereupon; and 
also to report, from time to time, such measures as may 
contribute to economy and accountability in the said estab¬ 
lishment .—March 13, 1822. 

94. It shall be the duty of the Committee on Foreign Af¬ 
fairs to take into consideration all matters which concern 
the relations of the United States with foreign nations, and 

created and added to the list of standing committees. The duties assigned 
to these several committees would seem entirely to cover the duties of the 
Committee on Public Expenditures. (See rules 105 and 106.) 


HOUSE OF REPRESENTATIVES. 


81 


which shall be referred to them by the House, and to report 
their opinion on the same .—March 13, 1822. 

95. It shall be the duty of the Committee on Territories 
to examine into the legislative, civil, and criminal proceed¬ 
ings of the Territories, and to devise and report to the 
House such means as, in their opinion, may be necessary 
to secure the rights and privileges of residents and non¬ 
residents .—December 13, 1825. 

96. It shall be the duty of the Committee on Revolu¬ 
tionary Pensions to take into consideration all such matters 
respecting pensions for services in the revolutionary war, 
other than invalid pensions, as shall be referred to them by 
the House .—January 10, 1831. 

97. It shall be the duty of the Committee on Invalid 
Pensions to take into consideration all such matters respect¬ 
ing invalid pensions as shall be referred to them by the 
House .—January 10, 1831. 

98. It shall be the duty of the Committee on Roads and 
Canals to take into consideration all such petitions and 
matters or things relating to roads and canals, and the im¬ 
provement of the navigation of rivers, as shall be pre¬ 
sented, or may come in question, and be referred to them 
by the House; and to report thereupon, together with such 
])ropositions relative thereto as to them shall seem expe¬ 
dient .—December 15, 1831. 

99. It shall be the duty of the Committee on Patents to 
consider all subjects relating to patents which may be re¬ 
ferred to them ; and report their opinion thereon, together 
with such propositions relative thereto as may seem to 
them expedient .—September 15, 1837. 

• 6 


82 


RULES OF THE 


100. It shall be the duty of the Committee on Public 
Buildings and Grounds to consider all subjects relating to 
the public edifices and grounds within the city of Washing¬ 
ton which may be referred to them; and report their opin¬ 
ion thereon, together with such propositions relating thereto 
as may seem to them expedient .—September 15, 1837. 

101. It shall be the duty of the Committee of Revisal 
and Unfinished Business to examine and report what laws 
have expired, or are near expiring, and require to be re¬ 
vived or further continued; also to examine and report, 
from the Journal of last session, all such matters as were 
then depending and undetermined .—December 14, 1795. 

102. It shall be the duty of the Committee of Accounts 
to superintend and control the expenditures of the contin¬ 
gent fund of the House of Representatives —December 17, 
1805; also to audit and settle all accounts which may be 
charged thereon ; and also to audit the accounts of the 
members for their travel to and from the seat of govern¬ 
ment, and their attendance in the House .*—December 23, 
1811. 

103. It shall be the duty of the Committee on Mileage 
to ascertain and report the distance, to the Sergeant-at- 
arms, for which each member shall receive pay.t— Septem¬ 
ber 15, 1837. 


* So much of this rule as directs the Committee of Accounts to audit and 
settle the mileage and daily pay of the members was adopted at the first 
session of the Twelfth Congress, (1811.) At the first session of the Twenty- 
fifth Congress, (1837,) a standing Committee on Mileage was created, for 
the especial purpose of ascertaining and reporting the mileage for which 
each member shall receive pay. (See rule 103.) 


tSee rule and note to rule 102. 


HOUSE OF REPRESENTATIVES. 


83 


104. There shall be appointed a standing committee of 
this House, to consist of three members, to be called the 
Committee on Engraving,* to whom shall be referred by 
the Clerk all drawings, maps, charts, or other papers, 
which may at any time come before the House for en¬ 
graving, lithographing, or publishing in any way; which 
committee shall report to the House whether the same 
ought, in their opinion, to be published; and if the House 
order the publication of the same, that said committee 
shall direct the size and manner of execution of all such 
maps, charts, drawings, or other papers, and contract by 
agreement, in writing, for all such engraving, lithograph¬ 
ing, printing, drawing, and coloring, as may be ordered 
by the House; which agreement, in writing, shall be fur¬ 
nished by said committee to the Committee of Accounts, 
to govern said committee in all allowances for such works; 
and it shall be in order for said committee to report at all 
times .—March 16, 1844. 

105. Six additional standing committees shall be ap¬ 
pointed at the commencement of the first session in each 
Congress, whose duties shall continue until the first session 
of the ensuing Congress .—March 30, 1816. 


*The resolution of Congress “regulating the printing of Congress, and 
establishing the compensation for the same,” approved July 23, 1846, pro* 
Tides that “ when any order for printing requires maps or charts, the same 
shall be obtained under the direction of the Committee on Contingent Ex¬ 
penses of the House making such order.” 


84 RULES OF THE 

1. A committee on so much of the public accounts and ex¬ 

penditures as relate to the Department of State; 

2. A committee on so much of the public accounts and ex¬ 

penditures as relate to the Treasury Department; 

3. A committee on so much of the public accounts and ex¬ 

penditures as relate to the Department of War; 

4. A committee on so much of the public accounts and ex¬ 

penditures as relate to the Department of the Navy; 

5. A committee on so much of the public accounts and ex¬ 

penditures as relate to the Post Office; and 
C. A committee on so much of the public accounts and ex¬ 
penditures as relate to the Public Buildings; 

106. It shall be the duty of the said committees to ex¬ 
amine into the state of the accounts and expenditures 
respectively submitted to them, and to inquire and report 
particularly— 

Whether the expenditures of the respective departments 
are justified by law ; 

Whether the claims from time to time satisfied and dis¬ 
charged by the respective departments are supported by 
sufficient vouchers, establishing their justness both as to 
their character and amount; 

Whether such claims have been discharged out of funds 
appropriated therefor, and whether all moneys have been 
disbursed in conformity with appropriation laws ; and 
Whether any, and what provisions are necessary to be 
adopted, to provide more perfectly for the proper applica¬ 
tion of the public moneys, and to secure the government 
from demands unjust in their character or extravagant in 
their amount. 

And it shall be, moreover, the duty of the said commit¬ 
tees to report, from time to time, whether any, and what 
retrenchment can be made in the expenditures of the seve- 


To consist of 
. five mem¬ 
bers each. 



HOUSE OF REPRESENTATIVES. 


85 


ral departments, without detriment to the public service ; 
whether any, and what abuses at any time exist in the 
failure to enforce the payment of moneys which may be 
due to the United States from public defaulters or others ; 
and to report, from time to time, such provisions and ar¬ 
rangements as may be necessary to add to the economy of 
the several departments and the accountability of their 
officers .*—March 30, 1816. 

t It shall be the duty of the several committees on Pub¬ 
lic Expenditures to inquire whether any offices belonging 
to the branches or departments, respectively, concerning 
whose expenditures it is their duty to inquire, have become 
useless or unnecessary ; and to report, from time to time, 
on the expediency of modifying or abolishing the same : 
also, to examine into the pay and emoluments of all offices 
under the laws of the United States ; and to report, from 
time to time, such a reduction or increase thereof as a just 
economy and the public service may require .—February 
19, 1817. 

107. The several standing committees of the House shall 
have leave to report by bill or otherwise .—March 13, 1822. 

108. No committee shall sit during the sitting of the 
House, without special leave.— November 1794. 

109. It shall be the duty of the Clerk to make, and cause 
to be printed, and delivered to each member, at the com¬ 
mencement of every session of Congress, a list of the re¬ 
ports which it is the duty of any officer or department of 
the government to make to Congress ; referring to the act 

* See notes to rules 78 and 89. 

t This part of the duties of those committees was, previous to 1841, 
overlooked, and omitted in the printed editions. 


86 


RULES OF THE 


or resolution, and page of the volume of the Laws or Jour¬ 
nal in which it may be contained; and placing under the 
name of each officer the list of reports required of him 
to be made, and the time when the report may be ex¬ 
pected .—March 13, 1822. 

110. It shall be the duty of the Clerk of the House, at 
the end of each session, to send a printed copy of the Jour¬ 
nals thereof to the Executive, and to each branch of the 
legislature of every State .—November 13, 1794. 

111. All questions of order shall be noted by the Clerk, 
with the decision, and put together at the end of the Jour¬ 
nal of every session .—December 23, 1811. 

112. Whenever confidential communications are re¬ 
ceived from the President of the United States, the House 
shall be cleared of all persons, except the members. Clerk, 
Sergeant-at-arms, and Doorkeeper,* and so continue during 
the reading of such communications, and (unless other¬ 
wise directed by the House) during all debates and pro¬ 
ceedings to be had thereon. And when the Speaker, or 
any other member, shall inform the House that he has 
communications to make, which he conceives ought to be 
kept secret, the House shall, in like manner, be cleared, 
till the communication be made; the House shall then 
determine whether the matter communicated requires 

* In the rule as originally established on the 17th February, 1792, it is 
provided that the House be cleared of all persons, except “the members 
and the Clerk." In the rules of the 13th November, 1794, the language 
used is “the members of the House and its officers." In the edition of 
7th January, 1802, the terms “members and Clerk" are again used; and 
on the 23d December, 1811, it was changed to its present form, so as to 
include the Sergeant-at-arms and Doorkeeper. 


HOUSE OF REPRESENTATIVES. 


87 


secrecy or riot, and take order accordingly.— February 17, 
1792, aiid December 30, 1793. 

113. All questions relating to the priority of business to 
' be acted on, shall be decided without debate.— February 

21, 1803. 

OF BILLS. 

114. Every bill shall be introduced on the report of a 
committee, or by motion for leave. In the latter case, at 
least one day’s notice shall be given of the motion* in the 
House, or by filing a memorandum thereof with the Clerk, 
and having it entered on the Journal; and the motion shall 
be made, and the bill introduced, if leave is given, when 
resolutions are called for: such motion, or the bill when 
introduced, may be committed.— April 7, 1789 ; September 
15, 1837 ; and March 2, 1838. 

115. Every bill shall receive three several readings in 
the House, previous to its passage; and bills shall be des¬ 
patched in order as they were introduced, unless where 
the House shall direct otherwise; but no bill shall be twice 
read on the same day, without special order of the House. 
—April 7, 1789. 

* In the early stages of the government, before the institution of stand* 
ing committees, it was the common practice to introduce bills, on motion 
for leave, by individual members; the bills were then referred to a select 
committee, to examine and report upon. The practice, however, of intro¬ 
ducing bills by members, on leave, gradually grew into disuse as stand¬ 
ing committees were created, and, for nearly thirty years, no case occurs 
on the Journals. A few cases have occurred within the last five or six 
years. It is an inconvenient practice, and does not facilitate business. 
Previous to the 13th March, 1822, so strict was the House upon the in¬ 
troduction of bills, that standing committees had to obtain leave, in every 
case, to report by bill. On that day the 107th rule was adopted. 


88 


RULES OF THE 


' 116. The first readinsf of a bill shall be for information, 
and, if opposition be made to it, the question shall be, 
“Shall this bill be rejected?” If no opposition be made, 
or if the question to reject be negatived, the bill shall go 
to its second reading without a question .*—Aiiril 7, 1789. 

117. Upon the second reading of a bill, the Speaker shall 
state it as ready for commitment or engrossment; and, if 
committed, then a question shall be, whether to a select or 
standing committee, or to a Committee of the Whole House: 
if to a Committee of the Whole House, the House shall de¬ 
termine on what day —November 13,1794; if no motion be 
made to commit, the question shall be stated on its engross¬ 
ment; and if it be not ordered to be engrossed on the day 
of its being reported, it shall be placed in the general file 
on the Speaker’s table, to be taken up in order .—September 
14, 1837. But, if the bill be ordered to be engrossed, the 
House shall appoint the day when it shall be read the 
third time .—November 13, 1794. 

* But not on the day of its introduction; that is prohibited by rule 115. 
The meaning of the rule is, that it passes to its second reading the next 
day “without motion or question;” it is the duty of the Speaker then to 
take it up, and give it the second reading when clearing his table under 
the 25th rule. If no opposition be made to a bill, or if the question to 
reject be negatived, and the bill receives its second reading forthwith, (as 
is usual,) it is always understood that it is by “ special order of the 
House.” In the rapid and hurried manner in which bills are now re¬ 
ported and acted upon, the motion is seldom or never made, nor is the 
question put, “Shall the bill be noio read a second time? The Speaker 
takes it for granted that the motion has been made and allowed, and an¬ 
nounces the second reading as soon as the first reading is completed. 
When a bill is read the first time, and no disposition of it be moved, it 
remains on the Speaker’s table, to receive its second reading on the next 
day, as matter of course, in the third class of the 25th rule. 


HOUSE OF REPRESENTATIVES. 


89 


118. Not more than three bills, originating in the House, 
shall be committed to the same Committee of the Whole; 
and such bills shall be analogous in their nature, which 
analogy shall be determined by the Speaker .—December 
29, 1817. 

119. A motion to strike out the enacting words of a bill 
shall have precedence of a motion to amend; and, if car¬ 
ried, shall be considered equivalent to its rejection.*— 
Mai'ch 13, 1822. 

120. After commitment and report thereof to the House, 
or at any time before its passage, a bill may be recoinmit- 
Xed.i—Aiiril 7, 1789. 

* The Manual states that, if a committee be opposed to the whole paper 
or bill, and think it cannot be made good by amendment, the committee 
cannot reject it, but must report it back to the House without amendment, 
and there make their opposition. In 1814, a Committee of the Whole struck 
out the first and only section of a bill, and so reported to the House. Mr. 
Speaker Cheves refused to receive the report, on the ground that it was 
tantamount to a rejection of the bill, which the committee had not power 
to do. After this, that the meint of questions might be tested in Commit¬ 
tee of the Whole, rule 119 was adopted. The Manual provides that a para¬ 
graph or section may be first amended by its friends, so as to make it as 
perfect as they can before the question is put for striking it out. By this 
rule, (i. e., rule 119,) it is expressly established that a motion to strike out, 
for the purpose of destroying, shall be paramount to a motion to amend. 
Rule 139 provides that the Manual shall govern in cases in which it is ap¬ 
plicable, where it is not inconsistent with established rules. In the case, 
then, of giving precedence to motions to insert or to amend over motions 
to strike out or reject, it is clearly inconsistent with an established rule 
and consequently the practice of the House for the last few years has been 
ill violation of the 119th rule. 

t A difference of opinion often arises as to the construction of this rule. 
Anciently it was held and practised upon, according to its tenus, that a bill 
could be recommitted at any time beforejts passage. Of late years it has 


90 


RULES OF THE 


121. All bills ordered to be engrossed shall be executed 
in a fair round hand.— April 7, 1789. 

122. No amendment by way of rider shall be received 
to any bill on its third reading.— April 8, 1814. 

123. When a bill shall pass, it shall be certified by the 
Clerk, noting the day of its passage at the foot thereof.— 
April 7, 1789. 

OF COMMITTEES OF THE WHOLE HOUSE. 

124. Tt shall be a standing order of the day, throughout 
the session, for the House to resolve itself into a Committee 
of the Whole House on the state of the Union.*— April 
7, 1789. 

125. In forming a Committee of the Whole House, the 
Speaker shall leave his chair, and a chairman, to preside 
in committee, shall be appointed by the Speaker.t— April 
7, 1789. 

been decided that, if the previous question on its passage be ordered, a mo¬ 
tion to recommit is not in order, but that the question must be put on the 
passage of the bill. I think the practice unsound. The intention- of a re¬ 
commitment is for the purpose of perfecting the bill, and it is endangered 
by forcing its passage in an imperfect state. 

* For more than forty years it was held and practised, under this rule, 
that the House could resolve itself into a Committee of the Whole on the 
state of the Union at any time. Recently, however, a different practice 
prevailed, it being held that several of the rules prescribing the order of 
business, as well as special orders, interposed to prevent it; in consequence 
of which, the House, on the 1st June, 1840, amended the 135th rule so as 
to go into Committee of the Whole on the state of the Union at any time; 
in other words, restored the ancient practice under the 124th rule. 

t Originally the rule was silent as to the mode of appointing a chairman 
of the Committee of the Whole. He was appointed by the House by nomi¬ 
nation and vote thereon. That practice became very inconvenient; and on 
the 13th November, 1794, the rule was amended by adding “by the Speaker.” 


HOUSE OF REPRESENTATIVES. 


9l 


126. Whenever the Committee of the Whole on the 
state of the Union, or the Committee of the Whole House, 
finds itself without a quorum, the chairman shall cause 
the roll of the House to be called, and thereupon the com¬ 
mittee shall rise, and the chairman shall report the names 
of the absentees to the House, which shall be entered on 
the Journal .—December 18, 1847. 

127. Upon bills committed to a Committee of the Whole 
House, the bill shall be first read throughout by the Clerk, 
and then again read and debated by clauses, leaving the 
preamble to be last considered; the body of the bill shall not 
be defaced or interlined; but all amendments, noting the 
page and line, shall be duly entered by the Clerk on a sep¬ 
arate paper, as the same shall be agreed to by the commit¬ 
tee, and so reported to the House.* After report, the bill 
shall again be subject to be debated and amended by 
clauses, before a question to engross it be taken .—April 
7, 1789. 

128. All amendments made to an original motion in 
committee shall be incorporated with the motion, and so 
reported .—April 7, 1789. 

129. All amendments made to a report committed to a 
Committee of the Whole House shall be noted, and re¬ 
ported, as in the case of bills. —April 7, 1789. 

130. All questions, whether in committee or in the 
House, shall be propounded in the order in which they 
were moved, except that, in filling up blanks, the largest 

sum and longest time shall be first put.t —April 7, 1789. 

• 

* This refers to bills in manuscript and bills from the Senate. It was 
long after the date of this rule that the practice of printing the bills ob¬ 
tained. 

t See rule 46, and the note to that rule, which is explanatory of this rule. 


92 


RULES OF THE 


131. No motion or proposition for a tax or charge upon 
the people shall be discussed the day on which it is made 
or offered; and every such proposition shall receive its first 
discussion in a Committee of the Whole House .—November 
13, 1794. 

132. No sum or quantum of tax or duty, voted by a 
Committee of the Whole House, shall be increased in the 
House until the motion or proposition for such increase 
shall be first discussed and voted in a Committee of the 
Whole House; and so in respect to the time of its con¬ 
tinuance .—November 13, 1794. 

133. All proceedings touching appropriations of money 
shall be first discussed in a Committee of the Whole 
House .*—November 13, 1794. 

134. The rules of proceedings in the House shall be ob¬ 
served in a Committee of the Whole House, so far as they 
may be applicable, except the rule limiting the times of 
speaking —April 7, 1789; but no member shall speak twice 
to any question, until every member choosing to speak 
shall have spoken .—December 17, 1805. 

135. In Committee of the Whole on the state of the 
Union, the bills shall be taken up and disposed of in their 
order on the calendar; but when objection is made to the 
consideration of a bill, a majority of the committee shall 
decide, without debate, whether it shall be taken up and 
disposed of, or laid aside: provided that general appropri¬ 
ation bills, and, in time of war, bills for raising men or 
money, and bills concerning a treaty of peace, shall be 

• 

* This rule, as first adopted, required all proceedings touching appropria¬ 
tions of money to be first moved in Committee of the Whole. The word 
moved" was struck out on the 17th December, 1805, as it was found, in 
practice, greatly to retard public business. 


HOUSE OP REPRESENTATIVES. 


93 


preferred to all other bills, at the discretion of the commit¬ 
tee; and when demanded by any member, the question 
shall first be put in regard to them.— July 27, 1848. 

• 136. No standing rule or order of the House shall be re¬ 
scinded or changed* without one day’s notice being given 
of the motion therefor— November 13, 1794; nor shall any 
rule be suspended, except by a vote of at least two-thirds 
of the members present.!— March 13, 1822; nor shall the 
order of business, as established by the rules, be postponed 
or changed, except by a vote of at least two-thirds of the. 
members present.— April 26, 1828. The House may at 
any lime, by a vote of a majority of the members present, 
suspend the rules and orders for the purpose of going into 
the Committee of the Whole House on the state of the 
Union; and also for providing for the discharge of the 
Committee of the Whole House, and the Committee of the 
Whole House on tlie state of the Union— January 25, 
1848—from the further consideration of any bill referred 
to it, after acting without debate on all amendments pend¬ 
ing and that may be ofFered.|— March 11, 1844. 

137. Except during the last ten days of the session, the 
Speaker shall not entertain a motion to suspend the rules of 

* The words “or changed,” were added on the 23d December, 1811. 

+ This rule was amended at this place, June 18, 1841, [extra session 27th 
Congress,] by inserting these words: “It shall not be in order to move a 
suspension of the rules for any purpose until after the daily call for peti¬ 
tions, reports of committees, and resolutions shall be completed, except for 
a motion to proceed to the orders of the day.” At the commencement of 
the next session, the House adopted the rules of the Twenty-sixth Congress, 
by which this and all other amendments made at the extra session fell. 

t December 4, 1843, the rules of the Twenty-seventh Congress were adopt¬ 
ed, with the exception of this rule. On theHlth March, 1844, this rule was 
readopted. 


94 


RULES OF THE 


the House at any time, except on Monday of every week: 
provided nothing herein contained shall be construed to alter 
so much of the 136th rule as provided as follows: The 
House may at any time, by a vote of a majority of the mem¬ 
bers present, suspend the rules and orders for the purpose 
of going into the Committee of the Whole House on the 
state of the Union; and also for providing for the discharge 
of the committee from the further consideration of any bill 
referred to it, after acting without debate on all amendments 
pending and that may be offered .—December 18, 1847. 

138. It shall be in order for the Committee on Enrolled 
Bills to report at any time. —March 13, 1822. 

139. The rules of parliamentary practice, comprised in 
Jefferson’s Manual, shall govern the House in all cases to 
which they are applicable, and in which they are not incon¬ 
sistent with the Standing Rules and Orders of the House, 
and the Joint Rules of the Senate and House of Represent¬ 
atives. —September 15, 1837. 

140. No person shall be permitted to perform divine ser¬ 
vice in the chamber occupied by the House of Representa¬ 
tives unless with the consent of the Speaker .—May 19,1804. 

141. The rule for paying witnesses summoned to appear 
before this House, or either of its committees, shall be as 
follows : For each day a witness shall attend, the sum of 
two dollars ; for each mile he shall travel in coming to or 
going from the place of examination, the sum of ten cents 
each way; but nothing shall be paid for travelling home 
when the witness has been summoned at the place of 
trial .—June 5, 1832. 

142. The Clerk shall, within thirty days after the close 
of each session of Congress, cause to be completed the 


HOUSE OF REPRESENTATIVES. 


95 


printing and primary distribution, to members and dele¬ 
gates, of the Journal of the House, together with an accu¬ 
rate index to the same.— June 18, 1832, 

143. There shall be retained in the library of the Clerk’s 
office, for the use of the members there, and not to be with¬ 
drawn therefrom, two copies of all the books and printed 
documents deposited in the library.— December 22, 1826. 

144. The Clerk shall have preserved for each member 
of the House an extra copy, in good binding, of all the 
documents printed by order of either House at each future 
session of Congress.— February 9, 1831. 

145. The Clerk shall make a weekly statement of the 
resolutions and bills (Senate bills inclusive) upon the Speak¬ 
er’s table, accompanied with a brief reference to the orders 
and proceedings of the House upon each, and the date of 
such orders and proceedings; which statement shall be 
printed for the use of the members.— April 21, 1836. 

146. The Clerk shall cause an index to be prepared to 
the acts passed at every session of Congress, and to be 
printed and bound with the acts.— July 4, 1832. 

147. The unappropriated rooms in that part of the Capi¬ 
tol assigned to the House shall be subject to the order and 
disposal of the Speal^er, until the further order of the 
House.— May 26, 1824. 

148. Maps accompanying documents shall not be printed, 
under the general order to print, without the special direc¬ 
tion of the House.— March 2, 1837; September 11, 1837. 

149. No committee shall be permitted to employ a clerk 
at the public expense, without first obtaining leave of the 
House for that purpose.— December 14, 1838. 

150. No extra compensation shall be allowed to any offi¬ 
cer, or messenger, page, laborer, or other person in the ser- 


96 


RULES OF THE 


vice of the House, or engaged in or about the public 
grounds or buildings ; and no person shall be an officer of 
the House, or continue in its employment, who shall be an 
agent for the prosecution of any claim against the govern¬ 
ment, or be interested in such claim otherwise than an ori¬ 
ginal claimant; and it shall be the duty of the Committee 
of Accounts to inquire into and report to the House any 
violation of this rule.— March 8, 1842. 

151. Upon the engrossment of any bill making appropri¬ 
ations of money for works of internal improvement of any 
kind or description, it shall be in the power of any member 
to call for a divison of the question, so as to take a sepa¬ 
rate vote of the House upon each item of improvement or 
appropriation contained in said* bill, or upon such items 
separately, and others collectively, as the members making 
the call may specify; and if one-fifth of the members pres¬ 
ent second said call, it shall be the duty of the Speaker 
to make such divisions of the question, and put them to 
vote accordingly.— February 26, 1846. 

152. The following resolution was passed by the House 
of Representatives January 30, 1846— Journal of the House 
of Rcj}rcsentatives, 1st session 2^th Congress, J23 : 

“ Whereas the Clerk of this Hoqse is by law made the 
responsible officer for the proper disbursement of the con¬ 
tingent fund, and is required to give bond for the faithful 
disbursement thereof: therefore, 

“ Resolved, That, from and after the passage of this res¬ 
olution, all contracts, bargains, or agreements, relative to 
the furnishing any matter or thing, or for the performance 
of any labor for the House of Representatives, be made 
with the Clerk, or approved by him, before any allowance 
shall be made therefor by the Committee of Accounts.” 


JOINT RULES AND ORDERS 


OF 

THE TWO HOUSES. 


1. In every case of an amendment of a bill agreed to 
in one house, and dissented to in the other, if either house 
shall request a conference, and appoint a committee for 
that purpose, and the other house shall also appoint a 
committee to confer, such committee shall, at a convenient 
hour, to be agreed on by their chairmen, meet in the con¬ 
ference chamber, and state to each other, verbally or in 
writing, as either shall choose, the reasons of their respect¬ 
ive houses for and against the amendment, and confer 
freely thereon.— November 13, 1794. 

2. When a message shall be sent from the Senate to the 
House of Representatives, it shall be announced at the door 
of the house by the Doorkeeper, and shall be respectfully 
communicated to the Chair by the person by whom it may 
be sent.— November 13, 1794. 

3. The same ceremony shall be observed when a mes¬ 
senger shall be sent from the House of Representatives to 
the Senate.— November 13, 1794. 

4. Messages shall be sent by such persons as a sense of 
propriety in each house may determine to be proper.— 
November 13, 1794. 

7 



98 


JOINT RULES OF THE TWO HOUSES. 


5. While bills are on their passage between the two 
houses, they shall be on paper, and under the signature 
of the Secretary or Clerk of each house, respectively.— 
November 13, 1794. 

6. After a bill shall have passed both houses, it shall be 
duly enrolled on parchment by the Clerk of the House of 
Representatives, or the Secretary of the Senate, as the bill 
may have originated in the one or the other house, before 
it shall be presented to the President of the United States. 
November 13, 1794. 

7. When bills are enrolled, they shall be examined by 
a joint committee of two from the Senate and two from 
the House of Representatives, appointed as a standing 
committee for that purpose, who shall carefully compare 
the enrolment with the engrossed bills, as passed in the 
two houses, and, correcting any errors that may be dis¬ 
covered in the enrolled bills, make their report forthwith 
to their respective houses .—November 13, 1794, and Febru¬ 
ary 1, 1827. 

8. After examination and report, each bill shall be 
signed in the respective houses, first by the Speaker of 
the House of Representatives, then by the President of the 
Senate .—November 13, 1794. 

9. After a bill shall have been thus signed in each house, 
it shall be presented, by the said committee, to the Presi¬ 
dent of the United States, for his approbation, (it being first 
endorsed on the back of the roll, certifying in which house 
the same originated; which endorsement shall be signed 
by the Secretary or Clerk, as the case may be, of the house 
in which the same did originate,) and shall be entered on 
the journal of each house. The said committee shall re- 


JOINT RULES OF THE TWO HOUSES. 


99 


port the day of presentation to the President; which time 
shall also be carefully entered on the journal of each 
house .—November 13, 1794. 

10. All orders, resolutions, and votes, which are to be 
presented to the President of the United States for his 
approbation, shall also, in the same manner, be previously 
enrolled, examined, and signed; and shall be presented in 
the same manner, and by the same committee, as provided 
in the cases of bills .—November 13, 1794. 

11. When the Senate and House of Representatives 
shall judge it proper to make a joint address to the Presi¬ 
dent, it shall be presented to him in his audience chamber 
by the President of the Senate, in the presence of the 
Speaker and both houses .—November 13, 1794. 

12. When a bill or resolution which shall have passed 
in one house is rejected in the other, notice thereof shall 
be given to the House in which the same shall have 
passed. 

13. When a bill or resolution which has been passed 
in one house shall be rejected in the other, it shall not be 

(brought in during the same session, without a notice of 
ten days, and leave of two-thirds of that house in which 
it shall be renewed. 

14. Each house shall transmit to the other all papers 
on which any bill or resolution shall be founded. 

15. After each house shall have adhered to their dis¬ 
agreement, a bill or resolution shall be lost. 

16. No bill that shall have passed one house, shall be 
sent for concurrence to the other on either of the three 
last days of the session .—January 30, 1822. 

17. No bill or resolution that shall have passed the 


100 


JOINT RULES OF THE TWO HOUSES. 


House of Representatives and the Senate, shall be pre¬ 
sented to the President of the United States, for his ap¬ 
probation, on the last day of the session .—January 30, 
1822. 

18. When bills which have passed one house are or¬ 
dered to be printed in the other, a greater number of 
copies shall not be printed than may be necessary for the 
use of the house making the order .—February 9, 1829. 

19. No spirituous liquors shall be offered for sale, or 
exhibited, within the Capitol, or on the public grounds 
adjacent thereto .—September 18, 1837. 

20. It shall be in order for the Committee on Printing to 
report any time.— 1st session 30^A Congress, 

21. After six days from the commencement of a second 
or subsequent session of Congress, all bills, resolutions, or 
reports, which originated in either house, and, at the 
close of the next preceding session, remained undeter¬ 
mined in either house, shall be resumed and acted on in 
the same manner as if an adjournment had not taken 
place .—August 14, 1848. 

22. A committee of three members of the Senate and 
three members of the House of Representatives shall be 
appointed by the President of the Senate and Speaker of 
the House, to be called the Joint Committee on the Public 
Printing, which committee shall have a right to decide 
between the superintendent of the public printing and the 
public printer in any dispute which may arise as to the pro¬ 
priety of the decisions of the superintendent making deduc¬ 
tions on account of work which the superintendent may re¬ 
fuse to receive, or which, in his opinion, may not be done 
with proper despatch, as required by law; and the said com- 


JOINT RULES OF THE TWO HOUSES. 


101 


miltee shall pass upon the accounts of the superintendent of 
the public printing. ^Said committee shall have power to 
adopt such measures as may be deemed necessary to rem¬ 
edy any neglect or delay in the execution of the public 
printing: provided that no contract, agreement, or arrange¬ 
ment entered into by this committee, shall take effect unti-^ 
the same shall have been approved by that house of Con¬ 
gress to which the printing belongs; and, when the printing 
delayed relates to the business of both houses, until both 
houses shall have approved of such contract or arrange¬ 
ment. All motions to print extra copies of any bill, report, 
or other document, shall be referred to the members of the 
Committee on Printing from the house in which the same 
may be made .—Laws (twelfth section) of the 1st session, d2d 
Congress, 


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INDEX 


TO THE 

RULES AND ORDERS 

OF THE HOUSE OF REPRESENTATIVES, 

AND TO THE JOINT RULES. 


A, 

Rule. 

Absentees from the proceedings against.62, 63, 64 

attendance of, may be compelled by 15 mem¬ 
bers . 65 

should have' leave, be sick or unable to attend 66 
in Committees of the Whole, to be reported to the House and 

entered on Journal. 126 

Accounts for pay and mileage, to be kept by the Sergeant-at-arms_ 70 

Acts and Addresses, to be signed by the Speaker. 15 

Address to the President, how to be presented (joint rule). 11 

Adhere, effect of a vote to, in the two houses (joint rule). 15 

Adjourn, motion to, always in order, and not debateable. 48 

fix the day to which the House shall, always in 

order. 48 

hour at which made, to be entered on the Journal 49 

Agents for claims, employees of the House not to act as. 150 

Amend, motion to, order in which to be entertained with reference to 

other motions. 46 

motion to strike out the enacting clause, takes pre¬ 
cedence of. 119 

Amendments, of Senate to House bills, when considered. 27 

adopted, preclude the withdrawal of original motion. 45 

to be voted upon after previous question is ordered. 50 

















104 


INDEX TO THE RULES OF THE 


Rule. 

Amendments, conference on, upon which the tw'O houses disagree (joint 

rule). 1 

not in order, if on a subject different from that under 

consideration. 55 

if embracing any other pending bill or reso¬ 
lution . 55 

to general appropriation bills, if not for ap¬ 
propriations authorized by law. 81 

^ to a bill on its third reading, if by way of rider 122 

to the ndes, require one day’s notice. 13G 

in Committees of the Whole, five minutes’ debate on. 34 

not to be withdrawn. 34 

how kept by the Clerk and 

reported.127, 120 

to original motions to be in¬ 
corporated . 128 

to be disposed of before re¬ 
port of measure. 136 

Appeals grow ing out of irrelevancy, inadmissibility, &c., of motions, & c. 2 

how made and debated. 2 

growing out of “ transgressions of the rules in speaking,” in¬ 
decorum, &c.35, 36 

not debateable after previous question is moved. 51 

growing out of questions as to the priority of business, not 

debateable. 113 

Appropriation Bills, if for other objects, not to include appropriations 

for canning treaties into effect. 78 

general, to be reported within 30 days after ap¬ 
pointment of the Committee of Ways 

and Means. 79 

shall take precedence of other bills in 
the House and in Committees of the 

"Whole.80, 135 

not to include appropriations not author¬ 
ized by law. 81 

to be first discussed in Committee of the Whole. 133 
for internal improvements, may be voted upon by 

items. 151 




















HOUSE OF REPRESEXTATIVES. 


105 


B. 

• Rule. 

Ballot, committees to be appointed by, in certain cases. 7 

in other cases of election by, a majority necessary. 11 

blanks in elections by, to be rejected. 11 

in all cases of election by. Speaker shall vote. 12 

no person to look on when tellers are counting votes by. 39 

Bar oj the House, no member to vote unless within the. 40 

Bills, reported at first, to be resumed at second session (joint rule).21, 22 

private, to have precedence on Fridays and Saturdays. 29 

to be called over on first and fourth Fridays of every 

month—preference to those not objected to. 30 

cannot be amended by adding other bills. 55 

proceedings on leave to introduce. 114 

how' to be introduced or reported. 114 

leave to mtroduce. 114 

making appropriations, to be reported within thirty days. 79 

to have preference m order. 80 

appropriations not authorized by law ex¬ 
cluded . 81 

to be first discussed in Coimnittee of 

the Whole. 133 

the several readings of.-1. 115 

if opposed on first reading, question to reject to be put, &c.-. 116 

how to be disposed of on second reading. 117 

not more than three to be committed to the same Committee 

of the Whole. 118 

a motion to strike out the enacting words of, takes precedence of a 

motion to amend. 119 

effect of affirmative vote on 119 

may be recommitted at any time before passage. 120 

to be engrossed in a fair round hand. 121 

amendments of Senate, when considered. 27 

engrossed, when to be read a third time. 27 

from the Senate, when to be read and disposed of. 27 

not to be amended on third reading by rider . 122 

when passed, to be certified by the Clerk. 123 

[in Committee of the Whole'\ how to be taken up; not to be in¬ 
terlined ; amendments to, how to be kept and reported; and, 
after report, may be again debated and amended. 127 






























106 


INDEX TO THE RULES OF THE 


Rule. 


BiUs^ on their passage to, be on paper (joint rule). 5 

to be enrolled on parchment after passing the two houses (joint 

rule). 6 

(See Engrossed Bills.) 

passed one house and lost in the other, notice to be given (joint 

rule). 12 

how they may be renewed 
(joint rule). 13 

when sent from one house to the other, to be accompanied by 

papers (joint rule). 14 

not to be sent from one house to the other for concurrence 

on the three last days of session (joint rule). 16 

not to be presented to the President on the last day of a ses¬ 
sion (joint rule). 17 

relative to the printing of (joint rule). 18 

Blanks, in filling up, question to be first put on largest sum and longest 

time..'. 130 

not to be counted in ballotings. 11 

Bond, Sergeant-at-arms required to give. 71 

Business, unfinished, precedence of. 58 

unfinished at first, to be resumed at second session (joint 

rules).21, 22 

daily order of. .23 to 27 

if changed or postponed, two-thirds necessary... 136 

no debate on priority of. 113 

on the Speaker's table, mode of disposing of. 27 

list to be made of, weekly. 145 

private, to have preference on Fridays and Saturdays. 29 

to be called over on first and fourth Fridays, and 
disposed of, if no objection. 30 

C. 


Calls on the Departments, to lie on the table one day. 61 

Calls of the House, names to be called alphabetically on.. 62 

not in order after second of previous question. 50 

proceedings on .63, 64 

fifteen members may compel the attendance of ab¬ 
sentees on, &c..63, 65 


























HOUSE OF REPRESENTATIVES. 


107 


Rule, 

Capitol^ unappropriated rooms in. 147 

no spirituous liquors to be brought within or about (joint rule) 19 

Chairy Speaker may substitute a member to take. 6 

Chairman of Committee, who shall be. 8 

may appoint meeting of committee. 10 

Chairman of Committee of the Whole, Speaker names. 125 

may order gallery or lobby cleared. 16 

how to call the calendar . 29 

Charge on the people, motions for.:. 131 

Claims, officers of the House not to prosecute. 150 

reporters having seats assigned shall not prosecute. 19 

Clerk of the House, to be chosen at the commencement of each Con¬ 
gress (see note to rule 21.) 
shall take oath of office, and continue until succes¬ 
sor appointed. 21 

shall attest all writs, warrants, and subpoenas. 15 

petitions may be presented to, and entered by him 

on the JouiTial. 24 

to cause resolutions to be delivered to the Presi¬ 
dent, &c. 61 

to refer maps, &c., to the Committee on Engraving. 104 
to make out list of reports to be made to Congress 

by public officers. 109 

to furnish the Governors and State legislatures with 

copies of the Journal. 110 

to note and put together at the end of the Journal 

all questions of order. Ill 

notices of bills to be given to. 114 

shall certify bills which have passed. 123 

duty of, in relation to amendments in Committee of 

the Whole.127, 129 

to cause Journal to be completed and distributed 

within 30 days. 142 

shall retain in library of his office two copies of 

all printed documents.*.. 143 

to furaish members with bound documents. 144 

* to cause the laws to be indexed. 146 

to make or approve all contracts. 152 


























108 


IXDEX TO THE RULES OF THE 


Rule. 

Clerk of the House to make out weekly a list of business on the Speak¬ 
er’s table. 145 

Clerks to committees, not to be employed without the order of the house 149 
Commit, motion to, order in which, to be entertained with reference to 

other motions.46, 47 

effect of not maldng, after second reading of Senate 

bills. 27 

not to be repeated on same day, or at same stage 

• of proposition. 46 

if previously made, to be voted upon after main 

question ordered. 50 

in order after the second reading of a bill. 117 

Committees, to be appointed by the Speaker unless otherwise ordered. 7 

how appointed by ballot. 7 

who shall be chainnan. 8 

member excused from serving on moi'e than two . 9 

to meet on call of two members (if chairman be absent). 10 

order in which they shall be called for reports . 25 

motion to refer to standing, takes precedence of motion to 

refer to select . 47 

standing, to be appointed at the commencement of each 

session . 76 

‘ duties of, viz: of Elections. 77 

of Ways and Means....78, 79, 80, 81 

of Claims... 82 

on Commerce. 83 

on Public Lands. 84 

on Post Office and Post Eoads... 85 

for the District of Columbia. 86 

on the Judiciary. 87 

on Revolutionary Claims. 88 

on Public Expenditures. 89 

on Private Land Claims. 90 

on Military Affairs. 91 

on the Militia. 92 

on Naval Affairs. 93 

on Foreign Affairs.* 94 

on the Territories. 95 




























HOUSE OF REPRESENTATIVES. lOGf” 

. , Rule, 

Committees, standing, duties of, viz: on Bevolutionary Pensions. 96 

on Invalid Pensions. 97 

on Roads and Canals. 93 

on Patents. 99 

on Public Buildings and Grounds. 100 
on Revisal and Unfinished Business 101 

of Accounts. 102 

on Mileage. 103 

on Engraving. 104 

on Agriculture, 

on Manufactures, > duties of, not defined. 76 

on Indian Affairs, ' 

to be appointed at the commencement of each 
Congress . 105 


duties of, viz: on so much of the public accounts \ 
and expenditures as relate to 
the Department of State; 
on so much of the public accoimts 
and expenditures as relate to 
the Treasury Department; 
on so much of the public accoimts 
and expenditures as relate to 
the Department of War; ^ 
on so much of the public accoimts 
and expenditures as relate to 
the Department of the Navy; 
on so much of the public accounts 
and expenditures as relate to 
the Post Office; and 
on so much of the public accounts 
and expenditures as relate to 


the Public Buildings; 

joint, on Enrolled Bills (joint rule). 7 

on the Public Printing (joint rule). 22 


on the Library of Congress (not embraced 
in the rules.) 

Regents in the Smithsonian Institution. (Act 
of Congress.) 















110 


INDEX TO THE RULES OF THE 


Rule. 

Committees, standing, shall have leave to report by bill or otherwise . 107 
shall not sit during the sitting of the House.... 108 
not to employ clerks without leave of the House 149 

Committee of the IVhole House, how formed. 125 

chairman of, may clear lobby and galleries. 16 

how to proceed in calling the calendar of. 29 

how to proceed in cases of bills. 127 

must first entertain all motions for laying or increasing 

taxes.131, 132 

appropriations must be first discussed in. 133 

rules of the House to be observed in. 134 

how to report amendments.128, 129 

may originate motions. 128 

on. the state of the Union, motion to refer to, takes precedence 47 

to go into, a standing order of the 

day. 124 

House may go into at any time... 136 

debate may be closed in. 136 

roll to be called, &c., if found with¬ 
out a quorum. 126 

Jive minutes' debate allowed in, on 

amendment. 34 

how bills are to be taken up and 

considered in...135 

order of propounding questions in. 130 

Commitment, of motions and reports to be at the pleasure of the House 54 
when different committees are proposed, their order.... 47 

Conference committees, relative to (joint rule). 1 

Confidential communications or proceedings, relative to. 112 

Sergeant-at-arms sworn to secrecy 72 

Doorkeeper sworn to secrecy. 74 

Consideration, question of. 5 

Conversation, private, members not to engage in. 39 

D. 

Deft ate, limited on appeal to one speech, unless by leave. 2 

not allow ed upon petitions on the day of presentation. 24 

not allowed upon resolutions on the day they are submitted..25, 26 
not allowed upon private bills on the first and fourth Fridays of 
each month. 3 
























HOUSE OF REPRESENTATIVES. 


Ill 


Rule. 

Debate, member shall confine himself to the question under, and avoid 

personality . 31 

in rising to, member shall address himself to “Mr. Speaker’*. 31 

member may speak from the Clerk’s desk. 32 

Speaker shall name the member who is first to speak. 33 

no member shall occupy more than one hour in. 34 

member reporting the measure may open and close. 34 

five minutes allowed to explain, and the same time to oppose 

amendments. 34 

member transgressing the rules in, to be called to order, and no 

debate on appeal. 35 

when decided out of order, not 
to proceed in case of objection, 
without leave of the House.. 35 

shall be liable to the censure 

of the House. 35 

called to order for words spoken in, words spoken to be taken down 

in writing. 36 

if business intervene before, he 
shall not be held to answ^er. 36 

no member shall speak more than once to the same question 
unless by leave or he be the mover, proposer, or introducer 

of the pending proposition. 37 

while member is speaking, no one shall hold private discourse, or 

pass between him and Chair. 39 

not allowed on a motion to excuse from voting . 42 

not allowed on motions to adjourn, to fix the day to which House 

will adjourn, or lie on the table . 48 

not allowed on any questions pending the previous question... 51 
not allowed on questions relating to the priority of business.. 113 

in Committee of the Whole, may he closed . 136 

Departments, calls for infonnation from. 61 

list of reports to be made by. 109 

Disorder, in the galleries and lobby. 16 

Division of the House .4, 41 

Division of questions, how made.. 53 

to strike out and insert, not divisible. 51 

on internal Improvement bills. 153 























112 


INDEX TO THE RULES OF THE 


Rule 

Divine service, not to be performed in the hall without consent of the 


Speaker. 140 

Documents, members to be furnished with an extra set, bound. 144 

two copies of, to be retained in House library. 143 

relative to printing extra nmnbers of (joint rule).2‘2, 61 

Doorkeeper, to be appointed. 73 

to be sworn to secrecy. 74 

required to execute 17th rule strictly. 20 

Duties or taxes, propositions to impose or increase.131, 132 

E. 

Flections, how to be conducted.11, 12 

previous nomination necessary, except where members are 

eligible. 13 

votes to be taken viva voce . 14 

Employees of the House, not to receive extra compensation or act as 

claim agents. 150 

Enacting words stricken out, effect of. 119 

Engraving, Committee on, to be appointed. 76 

duties of. 104 

Engrossment to be in a fair round hand. 121 

Engrossed hills, not to be amended by riders . 122 


while on their passage between the two houses (joint 
rule.) 

(See Bills.) 


Enrolled Bi/Zs, Committee on, may report at any time. 138 

to be examined by the committee 

provision for the appointment of >( joint rule). 7 

the Committee on j 

to be signed by the presiding officers of the houses (joint 

rule). 8 

how to be presented to the President, and the time to 
be noted (joint rule). 9 

» 

not to be presented to the President on the last day of 

session (joint rule). 17 

Executive Departments, rules to be observed in calling for information 

from heads of. 61 

Executive communications, when to be read. 2 


























HOUSE OF REPRESENTATIVES. 


113 


Rule. 

Excused from voting, rule relating to being. 42 

Excused from serving on a committee, a member may be. 

Extra compensation forbidden. 150 

F. 

Fees, against members. 64 

of Sergeant-at-arms. 69 

of witnesses. 141 

Five-minutes rule . .34 

Frulays, private business to have preference on. 29 

frst and fourth, set apart for bills to which there is no ob¬ 
jection. 30 

G. 

Galleries may be cleared in cases of disorderly conduct. 16 

Governors, admitted in the hall. 17 

Journals to be sent to. 110 

H. 

Hall of the House of Representatives — 

to be under the direction of the Speaker. 6 

persons wdio may be admitted within the. 17 

17th rule to be strictly executed. 20 

not to be used in the performance*of divine service, unless by 

consent of the Speaker. 140 

Hour rule . 34 

Hour at which motion to adjourn is made, to be entered on the Journal 49 

I. 

Index to laws to be made. 146 

Interested, members not to vote wdien. 40 

Internal improvement bills, separate votes may be taken on items of.. 151 
Indcjinitely postponed, questions not to be resumed which are. 52 

J. 

Jefferson's Maniud to govern in certain cases. 139 

Joint resolutions. (See Bills, which are governed by the same rules.) 

Journal, to be read each day on the appearance of a quorum. J 

8 
























114 


INDEX TO THE RULES OF THE 


Rule. 

Journal^ to be examined and corrected by the Speaker before it is read 6 
every icritten motion to be entered on, unless withdra^vn on 

same day. 44 

hour at which motion to adjourn is made to be entered on.. 49 
name of the member presenting petition or resolution to be 

entered on. 60 

copy of, to be sent to the Executive and each branch of State 

legislatures. 110 

decisions of questions of order to be put together at the end of 111 
list of absentees in Committees of the Whole, to be entered on 126 
to be printed, indexed, and distributed within 30 days after 

close of session. 142 

* 

L. 

Largest sum and longest time, in filling blanks, question to be first put on 130 

Laws to be signed by the Speaker. 15 

Library of Clerk''s office, books to be retained in. 143 

Lie on the table, motion to, precedence of. 46 

no debate on. 48 

one day, what propositions shall, 

orders, resolutions, or votes requiring the con¬ 
currence of the Senate. 59 

calling on the President or departments for 

information. 61 

to print extra numbers. 61 

for a tax or charge upon the people. 131 

to rescind or change a standing rule or order 136 

notices of bills. 114 

Lobby may be cleared in cases of disorderly conduct. 16 

M. 

Mace, the symbol of office of the Sergeant-at-aniis. ^8 

Maps accompanying documents, not to be printed without special order. 148 

Meeting of committees, how called. 10 

Members, Speaker shall call to order. 1 

excused from serving on more than two committees. 9 

to sit nneovered. 39 

not to visit Clerk’s desk while vote is being takeu.. 39 






















’HOUSE OF REPRESENTATIVES. 


115 


Rule. 

Members, not to vote when interested. 40 

must be ^Adthin the bar to have votes counted. 41 

names of, to be called alphabetically. 62 

shall vote if in the House when question is put. 42 

absent at a call of the House.63, 64, 65 

not to be absent except by leave, or sick, or unable to attend 66 
accounts of, for pay and mileage, to be kept and paid by 

Sergeant-at-arms. 70 

Committee on Mileage to ascertain and report on mileage of 103 
Memorials. (See Petitions.) 

Messages between the two houses, how to be announced and delivered 

(joint rules).2, 3 

by whom to be sent (joint rule). 4 

from Senate, when considered. 27 

from President, when rea^. 27 

Mileage, duty of Committee on. 103 

Morning hour, for reports and resolutions.. 27 

no suspension during. 136 

Motions, question of considering, not to be put imless demanded. 5 

shall be stated by the Speaker, and, if in writing, read by the 

Clerk before debate. 43 

shall, in all cases, be reduced to writing, if desired by the 

Speaker or a member. 44 

written, to be entered on the Journal, unless withdrawn same 

day. 44 

mav be withdrawn at any time before a decision or amend¬ 
ment . 45 

precedence of.46, 47, 56, 130 

to strike out and insert shall be deemed indivisible. 53 

to strike out being lost, shall preclude neither amendment nor 

motion to strike out and insert. 53 

may be committed at pleasure. 54 

to strike out the enacting clause, precedence and effect of.... 119 
original, in Committee of the AVhole----—. 128 

N. 

Nayne of member, presenting petitions or resolutions. 60 

Newspapers, reporters to give the names of... 1^ 



























116 


INDEX TO THE RULES OF THE 


Rule. 

Nomination, cases in which, necessary. 13 

Notices, of bills, may be given to the Clerk. 114 

bills may be introduced on, when resolutions are called for.. 114 

O. 

Objection days, first and fourth Fridays of each month. 30 

Officers of the House, shall be elected viva voce . 14 

Order, Speaker shall preserve. 2 

member in speaking called to, shall sit down, &c. 35 

if decision in his favor, may proceed—otherwise not 

without leave. 35 

if member called to, for words spoken in debate, words to be 

taken down. 36 

questions of. Speaker shall decide, subject to appeal. 2 

Speaker may speak^to, in preference to other mem¬ 
bers . 2 

arising after previous question, to be decided with¬ 
out debate. 51 

to be noted, and put together at the end of the 

JoiiiTial. Ill 

of business of the session, all bills, &c., of either House, undis¬ 
posed of at 1st session, shall resume 
their position after the first six days 
of the 2d session (joint rule's). ..21, 22 

of business of the day .23, 25, 26, 27 

as established by the rules, not to be postponed or changed 

except by a two-thirds vote. 136 

of the day, when Speaker to proceed to call. 27 

unfinished business shall have precedence in. 58 

P. 

Parliamentary practice, rules of, comprised in Jefiersoii’s Manual, adopted. 139 

Pay of members, by Sergeant-at-arms. 70 

Personality to be avoided in debate. 31 

Petitions, when to be called for, and in what order, (for first thirty days 

of session). 23 

to be called for on the first day of the meeting of the House 
of each alternate week.23, 26 






















HOUSE OF REPRESENTATIVES. 


117 


Rule. 


Petitions, by whom, and in what manner, to be presented. 24 

may be presented to the Clerk. 24 

name of member presenting, to be entered on the Journal . 60 

Plurality shall prevail on second ballot for members of committees_ 7 

Postmaster of the House authorized to be appointed. 75 

Postpone to a day certain, order in which motion is to be entertained. 46 


• not to be entertained again on same day, or 

at same stage. 

or change order of business. 

Postpone indefinitely, order in which motion is to be entertained. 

not to be entertained again on same day, or at 

same stage of proposition. 

question not to be acted upon again during the 
session, if motion prevails. 

Pvppp/Iffipp m* ^ 

. , ’ . > to be decided without debate. 

Priority of business, ) 

Precedence of motions. 

President, rules to be observed in calling for information from the.... 

manner of presenting bills and resolutions to the (joint rule).. 
manner of presenting joint addresses to the Qouit rule).... 
no bill or resolution to be presented on the last day of the 

session to the (joint rule). 

Previous question, order of motion for. 

form and effects of. 

call of the House not in order after second of. 

no debate on.. 

Printing, propositions to print extra numbers, to lie on the table one day. 

to be referred to the Com¬ 
mittee on (joint rule).. 

Committee on, duties of, &c. (jomt rule). 

may report at any time Qoint rule). 

of bills of the Senate, ordered in the House (joint rule).... 

Private business to have precedence on Fridays and Saturdays. 

such as no objection is made to, to be considered first 

and fourth Fridays of each month. 

Privilege of the floor, who entitled to. 

17th rule to be strictly executed. 


46 

136 

46 

46 

52 

113 

46 

62 

9 

11 

17 
46 
50 

50 

51 
61 

22 

22 

20 

18 

29 

30 
17 
20 























118 


INDEX TO THE RULES OF THE 


Q. 

Rule. 


precedence of.46, 47, 56, 130 

manner of putting. 4 

decorum to be observed during the putting of. 39 

division of..*. 53 

lost, when vote is made a tie by the vote of Speaker. 12 

order in which, to be propounded.:. 130 

Quorum, upon the appearance of. Journal to be read. 1 

one-fifth of, may order tellers. 4 

fifteen members may compel the attendance of. 65 

how compelled in Committee of the Whole.1.125 

E. 

Reading of a 'paper, if objected to, may be determined by vote. 57 

Reconsider, motion to, may be made by a member of the majority... 56 
must be made on the same or succeeding day. 56 
shall take precedence of any motion, except to 

adjourn. 56 

cannot be withdrawn after succeeding day, and 

may be called up by any member. 56 

Refer, motions to, order in wliich questions to be taken on. 47 

Reporters to be admitted, and have places assigned them by the 

Speaker. 18 

must state, in writing, for what paper or papers employed. 19 

shall not be admitted if engaged as claun agents. 19 

Reports to he made by the officers of government, list of, to be made out by 

Clerk at the commencement of each session. 109 

Reports of Committees not acted on at first session, to be acted on 

after the first six days of second session, as 
though no adjournment had taken place (joint 


rules).21, 22 

to be called for after petitions are disposed of 25 

may bo committed at pleasure. 54 

may be by bill or otherwise. 107 

Resolutions, when they may be submitted.25, 26 

only one at a time. 25 

every alternate Monday set aside for. 26 

























HOUSE OF REPRESENTATIVES. 


119 

Rule. 

Resolutions, those giving rise to debate to lie over. 26 

cannot be amended by adding other resolutions. 55 

requiring assent of the Senate, to be laid on the table 

one day before acting on, &c. 59 

calling on executive officers for information, to lie one 

day. 61 

name of member moving. 60 

orders, votes, &c., requiring the President’s approbation, 
shall be signed and presented as in cases of bills—see 

Bills (joint rule). 10 

passed one House and lost in the other, notice to be given, 

(joint nde). 12 

not to be presented to the President on the last day of 

the session (joint rule). 17 

Riders, engrossed bills not to be amended by.*122 

Rooms, Speaker to dispose of unappropriated. 147 

Rules, how to be amended, rescinded, or suspended. 136 

motion to suspend, may be entertained every Monday, and the 
last twelve days of the session. 137 

S. 

Saturday, private bills take precedence on. 29 

Seeret session, relating to. 1!2 

Sergeant-at-arms and Doorkeeper sworn to secrecy.-.72, 74 
Senate, all orders to be laid on the table one day which require the 

assent of the. 59 

bills and resolutions, when to be read. 27 

consider messages from. 27 

messages to and from (joint rule).5, 6 

Sergeant-at-arms to be appointed, and general duties of. 67 

the mace to be borne by, when in the execution of 

his office. 68 

fees of, for making arrest, travellmg expenses, &c... 69 

shall keep pay and mileage accounts, draw and pay 

over money, &c. 70 

shall give bond, with surety. 71 

shall be sworn to keep the secrets of the House_ 72 

to pay mileage, upon the report of the Committee on 
Mileage. 103 

























120 


INDEX TO THE RULES OF THE 


Rule. 

Speaker shall take chair every day at hour to which House adjourned 1 
shall preserve order, decide questions of order, subject to ap¬ 
peal, &c. 2 

may speak to points of order in preference to other members 2 

shall rise to put a question. 3 

manner in wdiich questions shall be put by. 4 

shall state the result of vote by tellers.' 4 

shall examine and coiTect the Journal before it is read. 6 

• shall have a general direction of the hall. 6 

may name member to perform the duties of the Chair for the 

day. 6 

shall appoint all conmiittees, miless the House direct other¬ 
wise . 7 

shall vote in all cases of ballot, and where his vote, if given 

to the minority, will make a tie. 12 

shall sign all acts, addresses, and joint resolutions. 15 

all writs, waiTants, and subpoenas, shall be under the hand 

and seal of. 15 

shall have power to order the galleries and lobby to be 

cleared. 16 

may admit stenographers, and assign them places in WTiting.lS, 19 
petitions handed to the Clerk to be subject to the control of 24 

shall name member who is first to speak. 33 

while question is being put by, or he is addressing the House, 
members to keej^ their seats, and not hold private conver¬ 
sation.. 39 

shall state motions when made and seconded. 43 

to sign checks for pay and mileage of members. 70 

to appoint chairman of the Committee of the Whole. 125 

no person to peifonn divine service in the hall without con¬ 
sent of. 140 

shall have the control and disposal of the unappropriated 

rooms on the House side of the Capitol. 147 

Speaker, pro tempore, may be named by the Speaker for the day_ 6 

Speaker's table, business on, how* reached, and manner of disposing of 27 

shall be attended to only at tune specified 

in 27th inile. 28 

weekly statement of, to be prepared by 
Clerk. 145 























HOUSE OF REPRESEXTATIVES. 


121 


Rule. 

Stenographers, relative to.18, 19 

shall not be admitted if engaged as claim agents. 19 

Strike out and insert, motions to, indivisible. 53 

Strike out, motion to, being lost, etfect of. 54 

Strike out enacting clause, motion to, effect of. 119 

Subpoenas to be signed by the Speaker, &c... 15 

T. 

Taxes, Sx^c., respecting the imposition of.131, 132 

Tellers may be appointed in certain cases. 4 


Tie votes, made so by the vote of the Speaker, defeat the proposition 12 

U. 

Unfinished business, to have precedence in the orders of the day. 53 

V. 

Viva voce, election to be held by 

Vote, separate, may be taken on each item of internal improvement bill 151 
not to be given by a member who is interested, or without the 


bar .40, 41 

every member present shall vote, unless excused. 42 

to be given viva voce in the election of officers. 14 

Voting, manner of. 4 

who are to be excluded from.40, 41 

how members are excused from . 42 


members not to visit the Clerk's desk while vote is being taken 39 


W. 

Warrants, writs, Sfc., to be signed by the Speaker, &c. 15 

Witnesses, how to be subpoenaed. 15 

fees of, for attendance and mileage. 141 

Writing, motions to be reduced to, if desired. 44 

words excepted to, to be reduced to. 36 

Y. 


leas and nays, one.fifth of the members present may order, (Consti¬ 


tution.) 

to be taken alphabetically. 62 

when calling, no one to go near the table. 39 

























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RULES FOR CONDUCTING BUSINESS 


SENATE OF THE UNITED STATES. 


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RULES FOR CONDUCTING BUSINESS 

IN THE 


SENATE OF THE UNITED STATES. 


1. The President having taken the chair, and a'quorum 
being present, the journal of the preceding day shall be 
read, to the end that any mistake may be corrected that 
shall be made in the entries. 

2. No member shall speak to another, or otherwise in¬ 
terrupt the business of the Senate, or read any news¬ 
paper, while the journals or public papers are reading, or 
when any member is speaking in any debate. 

3. Every member, when he speaks, shall address the 
Chair, standing in his place; and, when he has finished, 
shall sit down. 

4. No member shall speak more than twice, in any one 
debate, on the same day, without leave of the Senate. 

5. When two members rise at the same time, the Presi¬ 
dent shall name the person to speak; but in all cases the 
member who shall first rise and address the Chair shall 
speak first. 

6. When a member shall be called to order by the 
President, or a senator, he shall sit down; and every 



126 


RULES OF THE SENATE. 


question of order shall be decided by the President, with¬ 
out debate, subject to an appeal to the Senate; and the 
President ma}^ call for the sense of the Senate on any 
question of order. 

7. If the member be called to order by a senator for 
words spoken, the excepti#iable words shall immediately 
be taken down in writing, that the President may be bet¬ 
ter able to judge of the matter. 

8. No member shall absent himself from the service 
of the Senate without leave of the Senate first obtained. 
And, in case a loss number than a quorum of the Senate 
shall convene, they are hereby authorized to send the Ser¬ 
geant-at-arms, or any other person or persons by them au¬ 
thorized, for any or all absent members, as the majority 
of such members present shall agree, at the expense of 
such absent members, respectively, unless such excuse for 
non-attendance shall be made as the Senate, when a 
quorum is convened, shall judge sufficient; and, in that 
case, the expense shall be paid out of the contingent fund. 
And this rule shall apply as well to the first convention of 
the Senate, at the legal time of meeting, as to each day 
of the session, after the hour has arrived to which the 
Senate stood adjourned. 

9. No motion shall be debated until the same shall be 
seconded. 

10. When a motion shall be made and seconded, it 
shall be reduced to writing, if desired by the President, 
or any member, delivered in at the table, and read, be¬ 
fore the same shall be debated; and any motion may be 
withdrawn by the mover at any time before a decision, 
amendment, or ordering of the yeas and nays, except a 


RULES OF THE SENATE. 


127 


motion to reconsider, which shall not be withdrawn with¬ 
out leave of the Senate. 

11. When a question is under debate, no motion shall , 
be received but to adjourn, to lie on the table, to postpone 
indefinitely, to postpone to a day certain, to commit, or 
to amend; which several motions shall have precedence 
in the order they stand arranged, and the motion for 
adjournment shall always be in order, and be decided 
without debate. 

12. If the question in debate contain several points, 
any member may have the same divided; but, on a mo¬ 
tion to strike out and insert, it shall not be in order to 
move for a division of the question: but the rejection of 
a motion to strike out and insert one proposition shall not 
prevent a motion to strike out and insert a different prop¬ 
osition; nor prevent a subsequent motion, simply to strike 
out; nor shall the rejection of a motion simply to strike 
out prevent a subsequent motion to strike out and insert. 

13. In filling up blanks, the largest sum and longest 
time shall be first put. 

14. When the reading of a paper is called for, and the 
same is objected to by any member, it shall be determined 
by a vote of the Senate, and without debate. 

15. The unfinished business in wdiich the Senate was 
engaged at the last preceding adjournment, shall have the 
preference in the special orders of the day. 

16. When the yeas and nays shall be called for by one- 
fifth of the members present, each member called upon 
shall, unless for special reason he be excused by the 
Senate, declare openl}", and without debate, his assent or 
dissent to the question. In taking the yeas and nays, 


128 


RULES OF THE SENATE. 


and upon the call of the house, the names of the mem¬ 
bers shall be taken alphabeticall 3 L 

17. When the yeas and nays shall be taken upon any 
question, in pursuance of the above rule, no member 
shall be permitted, under any circumstances whatever, 
to vole after the demsion is announced from the Chair. 

18. On a motion made and seconded to shut the doors 
of the Senate, on the discussion of any business which 
may, in the opinion of a member, require secrecy, the 
President shall direct the gallery to be cleared; and, dur¬ 
ing the discussion of such motion, the doors shall remain 
shut. 

19. No motion shall be deemed in order, to admit any 
person or persons whatsoever within the doors of the 
Senate chamber to present any petition, memorial, or ad¬ 
dress, or to hear any such read. 

20. When a question has been once made and carried 
in the affirmative or negative, it shall be in order for any 
member of the majority to move for the reconsideration 
thereof; but no motion for the reconsideration of any vote 
shall be in order after a bill, resolution, message, report, 
amendment, or motion, upon which the vote was taken, 
shall have gone out of the possession of the Senate, an¬ 
nouncing their decision; nor shall any motion for recon¬ 
sideration be in order, unless made on the same day on 
which the vote was taken, or within the two next days of 
actual session of the Senate thereafter. 

21. When the Senate are equally divided, the Secre¬ 
tary shall take the decision of the President. 

22. All questions shall be put by the President of the 
Senate, either in the presence or absence of the President 


RULES OF THE SENATE. 


129 


of the United States; and the senators shall signify their 
assent or dissent by answering ay or no. 

23. The Vice President, or President of the Senate pro 
tempore, shall have the right to name a member to per¬ 
form the duties of the Chair; but such substitution shall 
not extend beyond an adjournment. 

24. After the journal is read, the President shall first 
call for petitions, and then for reports from standing com¬ 
mittees; and every petition or- memorial or other paper 
shall be referred, of course, without putting a question 
for that purpose, unless the reference is objected to by a 
member at the time such petition, memorial, or other pa¬ 
per, is presented. And before any petition or memorial, 
addressed to the Senate, shall be received and read at the 
table, whether the same shall be introduced by the Presi¬ 
dent or a member, a brief statement of the contents of 
the petition or memorial shall verbally be made by the 
introducer. 

25. One day’s notice, at least, shall be given of an 
intended motion for leave to bring in a bill; and all bills 
reported by a ‘committee shall, after the first reading, be 
printed for the use of the Senate; but no other paper or 
document shall be printed for the use of the Senate, with¬ 
out special order. 

26. Every bill shall receive three readings previous to 
its being passed, and the President shall give notice at 
each, whether it be the first, second, or third; which 
readings shall be on three different days, unless the 
Senate unanimously direct otherwise. And all resolutions 
proposing amendments to the constitution, or to which the 
approbation and signature of the President may be requi- 

9 


130 


RULES OF THE SENATE. 


site, or which may grant money out of the contingent or 
any other fund, shall be treated, in all respects, in the 
introduction and form of proceedings on them, in the 
Senate, in a similar manner with bills; and all other 
resolutions shall lie on the table one day for consideration, 
and also reports of committees. A motion to suspend, 
or to concur in a resolution of the House to suspend the 
16th and 17th joint rules, or either of them, shall al¬ 
ways be in order, be immediately considered, and be 
decided without debate. 

27. No bill shall be committed or amended until it 
shall have been twice read, after which it may be re¬ 
ferred to a committee. 

28. All bills on a second reading shall first be con¬ 
sidered by the Senate in the same manner as if the Senate 
were in committee of the whole, before they shall be taken 
up and proceeded on by the Senate agreeably to the 
standing rules, unless otherwise ordered. And when the 
Senate shall consider a treaty, bill, or resolution, as in 
committee of the whole, the Vice President, of President 
fro temporcj may call a member to fill the chair, during 
the time the Senate shall remain in committee of the 
whole: and the chairman so called shall, during such 
time, have the powers of a President pro tempore, 

29. The final question, upon the second reading of every 
bill, resolution, constitutional amendment, or motion, 
originating in the Senate, and requiring three readings 
previous to being passed, shall be, “ Whether it shall be 
engrossed and read a third time?” and no amendment 
shall be received for discussion at a third reading of any 
bill, resolution, amendment, or motion, unless by unani- 


RULES OF THE SENATE. 


131 


mous consent of the members present; but it shall at 
all times be in order, before the final passage of any such 
bill, resolution, constitutional amendment, or motion, to 
move its commitment; and should such commitment take 
place, and any amendment be reported by the committee, 
the said bill, resolution, constitutional amendment, or mo¬ 
tion, shall be again read a second time, and considered as 
in committee of the whole, and then the aforesaid ques¬ 
tion shall be again put. 

30. No amendment, proposing additional appropriations, 
shall be received to any general appropriation bill, unless 
it be made to carry out the provisions of some existing law, 
or some act, or resolution previously passed by the Senate, 
during that session, or moved by direction of a Standing 
Committee of the Senate, or in pursuance of an estimate 
from the Head of some of the Departments; and no amend¬ 
ment shall be received, whose object is to provide for a 
private claim, although the same may have been previously 
sanctioned by the Senate. 

31. The special orders of the day shall not be called 
by the Chair before one o’clock, unless otherwise directed 
by the Senate. 

32. The titles of bills, and such parts thereof only as 
shall be affected by proposed amendments, shall be inserted 
on the journals. 

33. The proceedings of the Senate, when not acting as 
in committee of the whole, shall be entered on the journal 
as concisely as possible, care being taken to detail a true 
and accurate account of the proceedings; but every vote 
of the Senate shall be entered on the journal, and a brief 
statement of the contents of each petition, memorial, or 


132 


RULES OF THE SENATE. 


paper, presented to the Senate, shall also be inserted on 
the journal. 

34. The following standing committees, to consist of five 
members each, shall be appointed at the commencement of 
each session, with leave to report by bill or otherwise: 

A Committee on Foreign Relations. 

A Committee on Finance. 

A Committee on Commerce. 

A Committee on Manufactures. 

A Conimittee on Agriculture. 

A Committee on Military Affairs. 

A Committee on the Militia. 

A Committee on Naval Affiirs. 

A Committee on Public Lands. 

A Committee on Private Land Claims. 

A Committee on Indian Affairs. 

A Committee of Claims. 

A Committee on Revolutionary Claims. 

A Committee on the Judiciary. 

A Committee on the Post Office and Post Roads, 

A Committee on Roads and Canals. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee on Patents and the Patent Office. 

A Committee on Retrenchment, to consist of five mem¬ 
bers, whose duty it shall be to take into consideration the 
expenditures of the government in the several departments 
thereof, and to inquire w'hether any, and if any, what re¬ 
trenchment can be made, without injury to the public 
service ; and to report thereupon, together with such prop¬ 
ositions relative thereto as to them shall seem expedient. 


RULES OF THE SENATE. 


133 


A Committee on Territories, to consist of five members. 

A Committee of three members, whose duty it shall be 
to audit and control the contingent expenses of the Senate. 

A Committee on Public Buildings, to consist of three 
members, who shall have power also to act jointly with the 
same committee of the House of Representatives. 

A Committee on Printing, to consist of three members, 
to whom shall be referred every question on the printing of 
documents, reports, or other matter transmitted by either 
of the executive departments, and all memorials, petitions, 
accompanying documents, together with all other matter, 
the printing of which shall be moved, excepting bills origi¬ 
nating in Congress, resolutions offered by any Senator, 
communications from the legislatures, or conventions law¬ 
fully called, of the respective States, and motions to print 
by order of the standing committees of the Senate; and 
excepting, also, messages and other communications from 
the President of the United States, and such reports and 
communications from the heads of departments as may 
be made to Congress, or to the Senate, in obedience to 
law, or in answer to calls from the Senate ; and it shall be 
the duty of such Committee on Printing to report in every 
case in one day, or sooner, if practicable. 

And a Committee, consisting of three members, whose 
duty it shall be to examine all bills, amendments, reso¬ 
lutions, or motions, before they go out of possession of the 
Senate, and shall deliver the same to the Secretary of the 
Senate, who shall enter upon the journal that the same 
have been correctly engrossed. 

35. In the appointment of the standing committees, the 
Senate will proceed, by ballot, severally to appoint the 


134 


RULES OF THE SENATE. 


chairman of each committee, and then, by one ballot, the 
other members necessary to complete the same; and a 
majority of the whole number of votes given shall be ne¬ 
cessary to the choice of a chairman of a standing commit¬ 
tee. All other committees shall be appointed by ballot, 
and a plurahty of votes shall make a choice. When any 
subject or matter shall have been referred to a committee, 
any other subject or matter of a similar nature may, on 
motion, be referred to such committee. 

36. When motions are made for reference of the same 
subject to a select committee, and to a standing committee, 
the question on reference to the standing committee shall 
be first put. 

37. When nominations shall be made in writing by the 
President of the United States to the Senate, a future day 
shall be assigned, unless the Senate unanimously direct 
otherwise, for taking them into consideration. Nomina¬ 
tions neither approved nor rejected during the session at 
which they are made, shall not be acted upon at any suc¬ 
ceeding session without being again made by the Presi¬ 
dent. When the President of the United States shall meet 
the Senate in the Senate chamber, the President of the 
Senate shall have a chair on the floor, be considered as the 
head of the Senate, and his chair shall be assigned to the 
President of the United States. When the Senate shall 
be convened by the President of the United States to any 
other place, the President of the Senate and Senators shall 
attend at the place appointed. The Secretary of the Sen¬ 
ate shall also attend to take the minutes of the Senate. 

38. Whenever a treat}’' shall be laid before the Senate 
for ratification, it shall be read a first time for information 


RULES OF THE SENATE. 


135 


only; when no motion to reject, ratify, or modify the whole, 
or any part, shall be received. Its second reading shall 
be for consideration and on a subsequent day; when it 
shall be taken up as in committee of the whole, and every 
one shall be free to move a question on any particular arti¬ 
cle, in this form : “Will the Senate advise and consent to 
the ratification of this article ? ” or to propose amend¬ 
ments thereto, either by inserting or by leaving out words; 
in which last case, the. question shall be, “ Shall these 
words stand as part of the article ? ” And in every of the 
said cases, the concurrence of two-thirds of the senators 
present shall be requisite to decide affirmatively. And 
when through the whole, the proceedings sljall be stated to 
the house, and questions shall be again severally put 
thereon for confirmation, or new ones proposed, requiring, 
in like manner, a concurrence of two-thirds, for whatever 
is retained or inserted; the votes so confirmed shall, by 
the house, or a committee thereof, be reduced into the 
form of a ratification, with or without modifications, as 
noay have been decided, and shall be proposed on a subse¬ 
quent day, w’hen every one shall again be free to move 
amendments, either by inserting or leaving out words; 
in which last case, the/question shall be, “Shall these 
words stand as part of the resolution?” And in both 
cases, the concurrence of two-thirds shall be requisite 
to carry the affirmative, as well as on the final question, 
to advise and consent to the ratification in the form 
agreed to. 

39. All confidential communications, made by the Presi¬ 
dent of the United States to the Senate, shall be by the 
members thereof kept secret; and all treaties which may 


136 


RULES OF THE SENATE. 


be laid before the Senate shall also be kept secret, until 
the Senate shall, by their resolution, take off the injunction 
of secrecy. 

40. All information or remarks, touching or concerning 
the character or qualifications of any person nominated by 
the President to office, shall be kept secret. 

41. When acting on confidential or executive business, 
the Senate shall be cleared of all persons, except the Sec¬ 
retary, the principal or the executive clerk, the sei'geant- 
at-arms and doorkeeper, and the assistant doorkeeper. 

42. The legislative proceedings, the executive proceed-* 
ings, and the confidential legislative proceedings of the 
Senate, shall be kept in separate and distinct books. 

43. The President of the United States shall, from time 
to time, be furnished with an authenticated transcript of 
the executive records of the Senate; and all nominations 
approved, or definitively acted on by the Senate, shall be 
returned by the Secretary, from day to day, as such pro¬ 
ceedings may occur; but no further extract from the execu¬ 
tive journal shall be furnished, except by special order; 
and no paper, except original treaties transmitted to the 
Senate by the President of the United States, or any 
executive officer, shall be returned or delivered from the 
office of the Secretary, without an order of the Senate for 
that purpose. 

44. When an amendment to be proposed to the consti¬ 
tution is under consideration, the concurrence of two-thirds 
of the members present shall not be requisite to decide any 
question for amendments, or extending to the merits, being 
short of the final question. 


RULES OF THE SENATE. 


137 


45. When any question may have been decided by the 
Senate, in which two-thirds of the members present are 
necessary to carry the affirmative, any member who votes 
on that side which prevailed in the question, may be at 
liberty to move for a reconsideration; and a motion for re¬ 
consideration shall be decided by a majority of votes. 

46. Messages shall be sent to the House of Representa¬ 
tives by the Secretary, who shall previously endorse the 
final determination of the Senate thereon. 

47. Messengers are introduced in any state of business, 
except while a question is putting, while the yeas and nays 
are calling, or while the ballots are counting. 

48. The following persons, and none others, shall be 
admitted on the floor of the Senate: members of the 
House of Representatives, and their Clerk; the Secre¬ 
tary of State, the Secretary of the Treasury, the Secretary 
of War, the Secretary of the Navy, the Attorney General, 
and the Postmaster General; the private secretary of the 
President, chaplains to Congress, judges of the United 
States, foreign ministers, and their secretaries; officers 
who, by name, have received, or shall hereafter receive, 
the thanks of Congress for their gallantry and good con¬ 
duct in the service of their country, or who have received 
medals by a vote of Congress; the governor, for the time 
being, of any State or Territory of the Union; the ex¬ 
governors of the several States; the ex-officers of the 
Senate; such gentlemen as have been heads of depart¬ 
ments, or members of either branch of Congress; per¬ 
sons who, for the time being, belong to the respective 
State and Territorial legislatures; and persons belonging 
to such legislatures of foreign governments as are in amity 
with the United States. 


138 


RULES OF THE SENATE. 


49. The presiding officer of the Senate shall have the 
regulation of such parts of the Capitol and of its passages, 
as are or may be set apart for the use of the Senate and 
its officers. 

50. Whenever a claim is presented to the Senate and 
referred to a committee, and the committee report that 
the claim ought not to be allowed, and the report be 
adopted by the Senate, it shall not be in order to move 
to take the papers from the files for the purpose of re¬ 
ferring them at a subsequent session, unless the claimants 
shall present a memorial for that purpose, stating in what 
manner the committee have erred in their report, or that 
new evidence has been discovered since the report, and 
setting forth the new evidence in the memorial: Provided^ 
That this rule shall not extend to any case where an ad¬ 
verse report, not in writing, shall have been made prior 
to the 25th of January, 1842. 

51. Any officer or member of the Senate convicted of 
disclosing for publication any written or printed matter 
directed by the Senate to be held in confidence, shall be 
liable, if an officer, to dismissal from the service of the 
Senate, and, in the case of a member, to suffer expulsion 
from the body. 


INDEX 


TO THE 

KULES OF THE SENATE 

OF THE 

UNITED STATES. 


A. 

No. 


Absence from the Senate not allowed without leave. 8 

without leave, provision for cases of.. 8 

Address to the President of the United States, how presented (jomt rule) 11 

Adherence, effect of a vote of, to a disagreement (joint rule). 15 

Adjournment, motion for, has preference. 11 

motion for, to be decided without debate. 11 

Admission on the floor, persons entitled to. 48- 

motion for, of persons to present or hear read 
any petition, memorial, or address, not in order. 19 

Amendments to appropriation bills, restrictions upon. 30 

to a bill, not to be received at the third reading. 29 

proposed, not to be vdthdravTi after yeas and nays ordered 10 
to a resolution to amend the constitution carried by a ma¬ 
jority of votes only. 44 

to bills, conference upon, when the two houses disagree 

(joint i*ule). 1 

Appeal from a decision of the President. 6 

Appropriation bills, amendments to, providing for private clauns, not ad¬ 
missible. 30 

restrictions on making amendments to. 30 


B. 

Ballot, committees, standing, to be appointed by. 35 

Bills may be brought in on not less than one day’s notice of intention.... 25 

















140 


INDEX TO THE RULES OF THE SENATE 


No. 

Bills reported shall be printed after the first reading. 25 

shall be read twice before amendment or reference. 27 

shall be read three times on three different days. 26 

on a second reading to be considered as in Committee of the Whole 28 

the proceedings upon, at different stages. 29 

final question on all. 29 

appropriation, certain amendments to, not in order. 30 

titles of, only, and the parts affected by amendment, to be inserted 

on the Journal. 32 

engrossed, committee for their examination. 34 

on their passage to be on paper (joint rule). 5 

passed by both Houses to be enrolled (joint rule). 6 

enrolled shall be examined by a committee (joint rule). 7 

enrolled shall be signed by the presiding officers of the two Houses 

(joint rule). 8 

passed by one House and lost in the other, notice to be given (joint 

rule). 12 

passed by one House, rejected by the other, shall not be renewed 
the same session without ten days’ notice, and leave of two-thirds 13 
when sent from one House to the other, to be accompanied by the 

papers on which founded (joint rule). 14 

passed one House not to be sent to the other for concurrence on 

the three last days of a session (joint rule). 16 

not to be presented to the President the last day of session (joint 

rule). 17 

passed by one House and printed by the other, the number to be 

printed (joint rule). 18 

enrolled and signed by the presiding officers to be presented to the 

President of the United States for approval (joint rule). 9 

resolutions, or reports remaining undetermined at the close of a 
session prior to the last of a Congress, to be resumed six days 
after the commencement of the succeeding session, in statu quo 

(joint rule). 21 

Blanks, in filling, the preferred motion. 13 

Business, unfinished, position on special orders. 15 

before the Senate, order of. 24 

certain undetermined, at the close of a first session of Con¬ 
gress, to be resumed six days after the commencement of 
the next (joint rule). 21 

























INDEX TO THE RULES OF THE SENATE. 


141 


C. 

No. 

Call to order, proceedings upon.6, 7 

Capitol, spirituous liquors not to be brought within or about (joint rule) 19 
parts of, appropriated to the Senate, to be under the regulation 

of their President.•. 49 

Chair, members speaking shall address the. 3 

Chairman, powers of, when Senate act as in Committee of the Whole ... 28 

Character, (of persons nominated,) remarks concerning, not to be divulged 49 

Claim, private, not to be provided for in appropriation bills. 30 

Claims, the effect of decisions upon. 50 

Commit, motion to, has precedence of motion to amend. 11 

motion to, in order until final passage of bill, resolution, &c.-.. - 29 

Commitment and amendment, proceedings consequent upon. 29 

Committee, Joint, on Enrolled Bills, the appointment and duties of (joint 

rule). 7 

on Printing, what subject shall be referred to. 34 

Joint, on the Library (joint rule). 20 

Committees, standing. 34 

standing, chaiiinen of, to be appointed by a majority of votes 35 

how appointed. 35 

members of, (not the chainnen,) to bo chosen by a plurality 35 

reports from standing, when received. 24 

reports of, to lie one day before consideration. 26 

Committee of the Whole, bills, after second reading, to be considered by 

the Senate as in. 28 

the Vice President, or President pro tempore, 
may call a member to fill the chair when the 

Senate are acting as in. 28 

Communications, confidential, from the President of the United States, to 

be kept secret. 39 

Conference on disagreeing votes, joint rule respecting. 1 

Confidence, violations of, how to be punished. 51 

Confidential proceedings, to be kept in a separate book. 42 

Consent, bills may be read three times in one day by unanimous. 26 

nominations may be considered on the day received by unani¬ 
mous . 37 

Constitution of the United States, votes on amendment, short of final.... 44 

of the United States, proposed amendments to, to be treated 
as bills. 26 

























142 


INDEX TO THE RULES OF THE SENATE. 


No. 

Conversation, among members, not allowed during debate, or while the 

jounials and papers are reading. 2 

D. 

Debate, no member to speak more than twice in the same, on the same 

day, without leave. 4 

not allowed, on a call to order... 6 

Avhat motions receivable during. 11 

prohibited on a motion to adjourn. 11 

prohibited on the question w'hether a paper called for and ob¬ 
jected to shall be read. 14 

prohibited while yeas and nays are calling. 16 

prohibited on a motion to suspend certain rules, or to consider a 

resolution of the House to suspend the same. 26 

Division of a question, w hen may be called for. 12 

Documents to be ininted only by order. 25 

Doors of Senate, motion to shut, to be discussed with closed doors. 18 

E. 

Enrolled hills to be examined by the committee (joint rule). 7 

provision for the appointment of committee on (joint rule) 7 
to be signed by the presiding officers of the two Houses... 8 

how to be presented to the President of the United States, 

and the time to be noted (joint rule). 9 

not to be presented to the President the last day of session 

(joint rule). 17 

Executive record, extracts from, prohibited. 43 

Executive proceedings to be kept in a separate book. 42 

Expulsion, a case for. 51 

F. 

Floor of the Senate, the persons entitled to admission on the. 48 

G. 

Galleries, when they shall be cleared. 18 

I. 

Information, or remarks, conceraing the character or qualifications of per¬ 
sons nominated to be kept secret. 40 






















INDEX TO THE RULES OF THE SENATE. 


143 


No. 


Intoxicating liquors, not to be offered for sale, or exhibited, within the 

Capitol or adjacent public grounds. 19 

J. 


Joint rules .16, 17 

Journal, to contain proceedings of Senate when not acting as in Commit¬ 
tee of the Whole..*. 33 

to be read for correction after a quonim shall have assembled.. 1 
to contain the titles only of bills, and the parts affected by pro¬ 
posed amendments. 32 

every vote of the Senate to be entered on... 33 

to be as concise as possible. 33 

a brief statement of every memorial, petition, and paper to be 
entered on. 33 

L. 


Leave to bring in a bill, one day’s pre\uous notice of intention to ask for, 

required....".. 25 

may be given to withdraw'. 10 

no member to speak more than once in one debate without. 4 

Leave of absence from the service of the Senate to be asked. 8 

Library, Joint Committee on (joint rule). 20 

Lie on the table, motion to, has preference next after motion to adjourn.. 11 
Liquors, intoxicating, their sale or exhibition prohibited in the Capitol or 

the adjacent public grounds (joint rule). 19 

M. 


Members prohibited from speaking to each other during debate. 2 

present, empowered to send for absent members. 8 

Member, when he speaks, shall address the Chair. 3 

w'hilst speaking, shall stand in his place. 3 

after speaking, shall sit down. 3 

to speak no more than tw ice the same day, in one debate, with¬ 
out leave of the Senate. 4 

first rising and addressing the Chair, shall speak first. 5 

called to order by the President or a Senator, shall sit down... 6 

words of, shall be taken do^^^l, when a call to order has been 

made by a Senator. 7 

shall not absent himself from the service of the Senate w'ithout 
leave. 8 

























144 INDEX TO THE RULES OF THE SENATE. 

No. 

Mctnber, absent, proceedings to enforce attendance. 8 

sent for, shall be subject to the expense, unless excused. 8 

may desire a motion to be reduced to writing. 10 

may have a question divided, if susceptible of division. 12 

required to vote when yeas and nays are called. 16 

not allowed to vote after decision by yeas and nays is annomiced 17 

liable to expulsion forAdolation of confidence. 51 

Memorial or petition, contents of, shall be stated before received and read 24 

when received. 24 

how referred. 24 

contents of, to be entered on the Journal. 33 

Messages between the two Houses, how to be announced and delivered 

(joint rules).2, 3 

by whom to be sent (joint rule). 4 

Messengers, when not to be introduced. 47 

Mistakes in the Journal to be corrected at the specified time. 1 

Blotion not to be debated until seconded. 9 

made and seconded, shall, if desired, be reduced to writing, and 

read before debated. 10 

any, except a motion to reconsider, may be withdrawn before a 

decision, amendment, or ordering of yeas and nays. 10 

to reconsider, may be withdrawn by leave of the Senate. 10 

to adjourn, has preference. 11 

to adjourn, to be decided without debate.. 11 

privileged, what shall be, when a subject is under debate. 11 

privileged, in filling blanks. 13 

privileged, in reference to select or standing committees. 36 

to strike out and insert, indivisible. 12 

to strike out or to insert, may be made separately. 12 

to close the galleries, to be discussed confidentially. 18 

to admit persons for the purpose of presenting a memorial, not in 

order. 19 

to reconsider, not in order after the subject matter has gone out 

of the possession of the Senate. 20 

to reconsider, not in order unless made within the two next days 

of actual session after the decision. 20 

to reconsider, to be made by one of the prevailing side, and de¬ 
cided by a majority of votes. 45 

Motions, order of precedence among. 11 
































INDEX TO THE RULES OF THE SENATE. 


145 


N. 

No. 

Newspapers not to be read while a member is speaking, nor during the 

reading of the Journal or public papers. 2 

Nominations, proceedings on. 37 

not to be considered on the day received, unless by consent 37 

not finally acted on during the session to fall. 37 

Notice of one day required of an intended motion for leave to bring in a 

bill. 25 

of ten days required for renewal during the same session of bill 

or resolution passed by one House and rejected by the other 

(joint rule). 13 

\ 

O. 

Officers of the Senate, liable to dismissal for the violation of confidence... 51 

Order, interruptions of. 2 

Order of business . 24 

Order, questions of, to be decided by the President without debate. 6 

after a decision by the President, subject to an appeal 6 

President may take the sense of the Senate on^. 6 

Order, upon a call to, for words spoken, the exceptionable words shall be 

taken down. 7 

Orders, resolutions, and votes which shall be presented to the President, 

to receive the same formalities as bills 

(joint rule). 10 

Orders of the day, special, not to be called before one o’clock. 31 

unfinished business has preference in. 15 

• P. 

Papers and documents, (except reported bills,) to be printed only by or¬ 
der. 25 

Persons not admitted to present address or memorial, &c. 19 

Petition, contents to be stated when presented, and before reception.... 24 

when received. ^ 

how referred. 24 

contents of, to be entered on the Journal. 33 

Plurality of votes only requisite in the appointment of members of a com¬ 
mittee . 36 

Postpone indefinitely, motion to, has precedence of a motion to postpone 

to a day certain. 11 

Precedence among motions. H 

10 























146 


INDEX TO THE RULES OF THE SENATE. 


No. 

President of the Senate to be addressed by a member rising to speak.... 16 

to decide when two or more rise at the same time to speak... 5 

to decide questions of order. 6 

may call for the sense of the Senate on a question of order.... 6 

may desire a motion to be reduced to writing. 10 

shall direct the gallery to be cleared on a motion to shut the 

doors. 18 

to decide the question on an equal division of the Senate. 21 

decision of, to be taken by the Secretary. 21 

shall put all questions. 22 

or President pro tempore, may name a member to perform tem¬ 
porarily the duties of the Chair. 23 

or President pro tempore, may appoint a chainnan to preside 
while the Senate are acting as in Committee of the Whole.. 28 

to give notice pf the several readings of bills. 26 

to have the regulation of the parts of the Capitol appropriated 

to tlie Senate and their officers. 49 

President of the United States, the presentation to, of bills and resolutions 

* (joint rule). 9 

forms to be observed when he meets the 

Senate. 37 

maimer of presenting joint addresses to... 11 

to be assigned the President’s chair when 
attending the deliberations of the Senate 37 
shall be furnished with transcript of execu¬ 
tive record. 43 

all nominatiens, when acted on, shall be 

returned to. 43 

Printing of bills, joint rule relating to. 18 

duties of Committee on. 34 

Private claim, amendment proriding for, not in order in a general appro¬ 
priation bill. 30 

Privilege of admissio n to the floor, the persons entitled to the. 48 

Privileged motions, u hen a question is under debate. 11 

on a question of reference. 36 

Q- 

Question under debate, when and by what motions superseded. 11 

equivalent, what shall not be. 12 























INDEX TO THE RULES OF THE SENATE. 


147 


No. 

Question under debate may be divided. 12 

to be decided aye or no. 22 

to be put by the President of the Senate. 22 

on amending the constitution, short of main question, to be de¬ 
termined by the majority. 44 

(Quorum being present, the journal shall be read. 1 

proceedings when a less number shall have assembled than a... 8 

R. 

Ratification of treaties, proceedings in. 38 

Reading newspapers prohibited while the journals or public papers are 

reading or a member speaking. 2 

of a paper called for and objected to, to be decided by the 

Senate without debate.. 14 

Reconsideration, motion for, may be made by one of the majority. 20 

motion for, must be made within two days after vote... 20 

motion for, must be made before the subject matter is 

out of possession of the Senate. 20 

motion for, to be decided by a majority of votes, although 
the question reconsidered was one requiring for its 

passage the affinnative vote of two-thirds. 45 

Record, executive, extracts from, prohibited. 42 

Reference of petitions, how made. 24 

Reports of standing committees, how received. 24 

of committees to lie one day for consideration. 26 

in writing, adverse to a claim, to preclude its renewal. 50 

Reports not finally acted on, to be resumed at a succeeding session of the 

same Congress (joint rule). 21 

Resolutions requiring the approbation of the President, or proposing 
amendments to the constitution, or granting money, to be 

treated as bills. 26 

all others to lie one day for consideration. 26 

on third reading to be amended only by consent. 29 

reports or bills remaining undetermined at a session pre¬ 
ceding the last of a Congress to be resumed at the next, 

in statu quo (joint rule). 21 

engrossed, recommitted, and reported, to be again read a 

second time. 29 

final question on. 29 

























148 


INDEX TO THE RULES OF THE SENATE. 


No. 

Resolutions, orders, votes, &c., requiring the President’s approbation, 
shall be signed and presented, as in case of bills —see 

bills (joint rule). 10 

passed by one House, and lost in another, notice to be 

given (joint rule). 12 

not to be presented to the President of the United States 

the last day of a session. 17 

resumption of, at a succeeding session (joint rule). 21 

Retrenchment, Committee on, duty of. 34 

S. 

Second reading, bills on, to be considered as in Committee of the Whole, 

unless otherwise ordered. 28 

what shall be the final question upon. 28 

Secrecy enjoined on confidential communications by the President. 39 

enjoined on information or remarks concerning the persons nomi¬ 
nated . 40 

enjoined on treaties. 39 

Secretary to endorse the bills passed, &c. 46 

to take the decision of the President when the Senate are 

equally divided. 21 

to receive engrossed bills from the committee after examination 34 
to furnish the President with transcripts of executive journal... 43 

to attend and take minutes when the Senate shall be convened 

by the President to any other place than their chamber. 37 

to make returns, from day to day, on nominations. 43 

to return or deliver no paper, except original treaties, without 

an order of the Senate. 43 

to furnish no extract from executive journal without special or¬ 
der . 43 

to send messages to the House of Representatives. 46 

Senate, proceedings of, when a nmnber less than a quorum shall have as¬ 
sembled . 8 

sense of, may be demanded by the President on a question of or¬ 
der . 6 

proceedings of, to be entered concisely on the journal. 33 

ceremonial proceedings of, when met by the President of the 
United States at any other place than the Senate chamber.... 37 
























INDEX TO THE RULES OF THE SENATE. 


149 


No. 



Senate, relating to the executive proceedings of.39 


40 

the persons admitted when engaged in executive and confidential 

business. 41 

the executive proceedings of, to be recorded in a separate book.. 42 

the legislative proceedings of, to be recorded in a separate book.. 42 

the confidential and legislative proceedings of, to be recorded in 

a separate book. 42 

votes of, to be entered on the Journal.. 34 

transcript from executive record of, in what cases furnished. 53 

contents of memorials and petitions presented to, to be entered 

on the Journal.*. 33 

shall be cleared of all persons, except their officers, when acting 

on executive business. 41 

messages to and from (joint rules). 2, 3 

Senator liable to expulsion for a violation of confidence. 51 

Senators to be called alphabetically. 16 

shall signify assent or dissent by answering aye or no. 22 

Sergeant-at-arms may be sent for absent members. 8 

Sixteenth and seventeenth joint rules, motion to suspend, or to concur in a 

resolution of the House to suspend, 

always in order. 26 

such motion to be immediately con¬ 
sidered and decided without de¬ 
bate . 26 

Speaking among the members during debate or the reading of the Journal 

or papers prohibited. 2 

more than twice in one day, on the same sdbject, without leave, 

prohibited. 4 

Special orders, not to be called before one o’clock. 31 

Strike out, rejection of motion to, does not prevent subsequent motion to 

strike out and insert. 12 

Strike out and insert, motion to, not divisible. 12 

effect of rejection ojf one motion to. 12 

rejection of motion to, does not prevent subsecpieiit 
motion simply to strike out. 12 























150 • INDEX TO THE RULES OF THE SENATE. 

No. 

Substitute in the chair, duration^of his appointment. 23 

Sum, largest, to be first put in filling blanks. 13 

T. 

Time, longest, first put in filling blanks. 13 

Titles of bills, and’ parts afiected by amendments, to be inserted on the 

Jouraal. 32 

Treaties, proceedings on.,. 38 

amendments to, to receive the vote of two-thirds. 38 

to be kept secret until injunction shall be removed. 39 

Two-thirds, vote of, when required. 38 

joint rule. 13 

U. 

Unfinished business has preference in special orders. 15 

at the close of a first session of Congress, to be re¬ 
sumed at the second or subsequent (joint rule).... 21 

V. 

Vice President, or President j»ro tempore, may a])point a chairman. 23 

Vote, every, to be entered on the journal. 33 

after a, by yeas and nays, and the announcement of decision, no one 
allowed to vote. 17 

W. 

Words, exceptionable, shall be taken down on a call to order by a senator 7 

y. 

Yeas and nays, one-fifth of the senators present may demand. 16 

to be called alphabetically. 16 

each member called upon required to vote, unless excused 16 
debate to tenninate affer the call has been commenced.. 16 

after being called, and the residt has been announced, no 

member allowed to vote. 17 

the ordering of, on a motion, precludes the mover from 
withdrawing such motion without the consent of the 
Senate.*.. 10 





















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